Harrielall v University of KwaZulu-Natal

The appellant, Ms Niekara Harrielall, applied unsuccessfully to the University of KwaZulu-Natal (UKZN) for admission to study for an MBChB degree in 2015. She then enrolled for a Bachelor of Medical Science (Anatomy) degree in 2015 to improve her prospects of admission as a ‘mature student’ in 2016 under UKZN’s admissions policy. Her 2016 application was also refused. She brought review proceedings in the KwaZulu-Natal High Court under the Promotion of Administrative Justice Act 3 of 2000 (PAJA), alleging that UKZN failed to consider her application or failed to apply its own admissions policy properly. The High Court dismissed the application with costs. On appeal to the Supreme Court of Appeal, the appellant advanced new grounds of review that had not been raised in her founding affidavit.

The appeal was dismissed with costs.

The case reinforces core principles of South African administrative and procedural law, particularly that review applicants must clearly set out their grounds of review in the founding affidavit and cannot raise new challenges on appeal. It affirms the limited scope of appellate review in PAJA matters and clarifies that the Biowatch principle does not automatically apply to all cases involving public institutions or access to education.