Dendy v University of the Witwatersrand and Others

The appellant, Mervyn Dendy, applied for appointment to a chair of law at the University of the Witwatersrand. His application was unsuccessful. He alleged that the selection process was marred by procedural irregularities and that the University and its officials failed to provide him with reasons for the decision or with the minutes of the selection committee meeting. He contended that these actions violated his constitutional right to dignity under section 10 of the Constitution and/or his common-law right to dignity (actio injuriarum), causing him insult and humiliation. He instituted delictual claims for damages rather than pursuing review or access-to-information remedies. The University excepted to both claims on the basis that they disclosed no cause of action.

The appeal was dismissed with costs, including the costs of two counsel.

The case reaffirms the objective threshold for claims based on injury to dignity and confirms that not every constitutional or procedural irregularity gives rise to delictual damages. It underscores judicial restraint in developing the common law under section 39(2) of the Constitution and emphasises the continued relevance of alternative remedies such as review and access to information in administrative disputes.