Olwethu Mlahlwa v Life Healthcare East London Learning Centre

The applicant, a 37-year-old trainee nurse, was enrolled by the respondent in a three-year nursing diploma. Shortly before scheduled examinations, her name was removed from the enrolment list, which she regarded as an expulsion. She launched an urgent application seeking relief to enable her to write examinations. The respondent opposed the application, pointing out that the applicant did not meet the minimum statutory admission requirements, namely a matriculation certificate, which she had failed on two occasions. The respondent further relied on a written settlement agreement concluded on 16 October 2024, in which the parties agreed to terminate the applicant’s enrolment and resolve the dispute. The applicant did not disclose this settlement in her founding papers and, while admitting her signature, alleged she had been caused to sign documents she did not understand. The respondent also made a further without-prejudice offer compensating the applicant for fees and expenses and offering re-enrolment upon completion of matric.

The application was dismissed. The applicant was ordered to pay the respondent’s costs on scale B in terms of rule 69(7).

The case confirms that private educational institutions may lawfully terminate an erroneous enrolment where statutory admission requirements are not met, and that courts will not compel continuation of studies that cannot lead to lawful qualification. It also underscores the binding nature of settlement agreements in South African law and the importance of full disclosure in urgent applications.