Court ruling saves Eastern Cape student

A CRISIS of accommodation shortage in institutions of higher learning nearly cost an Eastern Cape student his future after he was found guilty of illegally occupying a hostel at Fort Cox Agricultural and Forestry Training Institute.

Third-year diploma student in agricultural business Khanya Sanda was suspended for this academic year after being found guilty of illegally occupying the hostel on January 18, interfering with the work of warden Thando Patiwe, intimidating the warden by asking why he was the enemy of the students, and refusing to vacate his room for visitors on October 2 last year.

His questioning of Patiwe’s loyalty resulted in the suspension.

However, the Bhisho High Court sitting in East London overturned the decision, allowing him to continue with his diploma studies.

In court papers seen by the Daily Dispatch, Sanda’s father, Tukela Ningiza, said his son had been with the college since 2016 and had been a member of the student representative council (SRC) deployed by the South African Students’ Congress (Sasco).

“As an SRC member he, together with other members of the SRC, often had encounters with members of the school management team.

“At times these encounters had been robust and acrimonious,” Ningiza said.

He said Sanda was part of the student leadership during a protest at the beginning of this academic year and was vocal in articulating the objectives of the strike as a leader of Sasco.

“He advised me further, which advice I consider true and correct, that whilst occupying the room on January 18 2018 the hostel warden, a certain Mr Thando Patiwe arrived at the room and ordered him to vacate the room.

“He complied and vacated the room,” Ningiza wrote in court papers.

Ningiza further stated his son was not given enough time to prepare for his disciplinary hearing and had no legal representative while the institution’s evidence against Sanda was led by a practising lawyer.

He submitted to the court that Sanda was told on February 12 to appear before a disciplinary committee (DC) on February 15.

He could not attend after sustaining an injury during a rugby match.

On the second occasion, he was told on February 19 to appear on February 22.

“Just like the short notice given in the first notice I have been advised, which advice I consider true and correct, that the second [notice] also did not provide [Sanda] enough opportunity to prepare for the DC,” Ningiza said.

In court, Sanda was represented by Mazizi Xoza of Rubushe Attorneys.

Xoza argued that the charges were trivial and did not warrant a sanction of suspension for the entire academic year.

High Court judge Bulelwa Majiki agreed with Xoza and ordered Sanda be re-enrolled and that the college pay the costs.

“It is directed that the outcome and sanction of the disciplinary proceedings held by the respondent [Fort Cox] against the second applicant [Sanda] and communicated by a letter dated March 2 2018 is hereby suspended pending the outcome of the review application,” she said. The respondent is directed to pay the costs of this application.”

College principal Dr Patrick Masika said: “I have no comment because they [college lawyers] have not alerted me.”