Dean of the Law Faculty of the University of North West & Others v Masisi

The respondent, Mr Moramang Simon Masisi, obtained a B.Proc degree from the University of the North (now University of Limpopo) and later registered for an LLB degree at North West University (NWU). NWU refused to grant him credit for more than 50% of the courses completed during his B.Proc degree, relying on its General Academic Rules and section 18(2) of the Joint Statute of the Universities in the Republic of South Africa, which require a minimum period of study at the degree-conferring institution. Masisi alleged that this policy unfairly discriminated against him, as students who completed their B.Proc degrees at NWU were granted full credit, and he approached the Equality Court. The Equality Court struck down portions of NWU’s academic rules and section 18(2) of the Joint Statute, ordered NWU to grant Masisi full credit, and awarded costs against the university. The university authorities appealed to the Supreme Court of Appeal.

The appeal was upheld in part. The order of the Equality Court was set aside in its entirety, and the matter was remitted to the Equality Court to be heard de novo. The respondent was directed to serve the founding papers and order on all interested parties, including the Minister of Education, the Council on Higher Education and Higher Education South Africa (HESA), and to afford them an opportunity to participate. Costs were ordered to be costs in the cause.

The case is significant for clarifying procedural limits on the powers of the Equality Court, particularly where relief sought implicates delegated legislation, national policy, and multiple stakeholders in higher education. It underscores the necessity of joinder and participatory fairness when statutory provisions or policies of broad application are challenged, and reinforces the principle that courts should avoid making far-reaching orders without hearing all interested organs of state.