HB 025-18 ABEDNICO BHEBHE versus LUPANE STATE UNIVERSITY

ABEDNICO BHEBHE

versus

LUPANE STATE UNIVERSITY

 

 

HIGH COURT OF ZIMBABWE

MOYO J

BULAWAYO 3 NOVEMBER 2017 AND 8 MARCH 2018

 

 

Urgent Chamber Application

 

K Ngwenya for the applicant

J J Moyo for the respondent

 

 

MOYO J:       At the hearing of this application I dismissed it and stated that my detailed reasons would follow.  Here are the reasons.

The facts of this matter are that the applicant who is a student at the respondent university purportedly did not complete his third year attachment requirements and therefore affecting his eligibility for fourth year registration.

Per applicant’s own founding affidavit the BSC degree in Environmental Science is a four year programme.  After one has completed his first and second years, he then proceeds to do an industrial attachment at third year.  He can also apply for an exemption from this attachment.  He did apply in this instance for exemption from industrial attachment.  He avers that he underwent an assess merit for this industrial attachment exemption, however, in paragraph 4.4 of his founding affidavit he avers that he never received any communication from the respondent that his application for exemption was unsuccessful.  He then took it upon himself to conclude, without any communication from the university that his application for exemption had been successful.

This is where I fail to understand applicant’s case, he applies to a university, which obviously has regulation and ordinances governing such applications, he does not receive approval of his application but assumes that it was approved?  He avers that it was in July 2017, 

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