THE VIOLENT protests at universities were not justified, and ultimately the students would suffer the most if the facilities meant for them were destroyed and the institutions closed at critical exam times.
These were the words of Judge Hans Fabricius of the high court in Pretoria, who called on students to follow the rule of law instead of taking the law into their own hands.
“Violence can never be the solution to economic problems or the plight of the poor, which I recognise,” the judge said in dismissing an application by eight law students from the University of Limpopo.
They had launched an urgent application in which they asked the court to overturn the fee increase recommendation of no more than 8 percent made by Minister of Higher Education Blade Nzimande.
They also requested that President Jacob Zuma’s decision that there would be a 0 percent increase for the year remained in place until the fees commission of inquiry submitted its final report.
While the judge hailed the students for turning to the courts to try to find a legal solution to the crisis, he said there was no legal basis on which he could grant their application.
He said the statement made by Nzimande in which he recommended that fees were not increased by more than 8 percent was a recommendation and not legally binding on anyone.
It was not within the minister’s power to decide on the fee increases. Nzimande also made that clear when he made his recommendation.
Judge Fabricius said universities had not decided on fee increases.
“It is abundantly clear that no action of the respondents (the universities and the government) in this matter justifies the present violence.”
The judge said that if he could remedy the inequities of the past, he would.
He noted that it was the first time that students had approached the court for relief, rather than resorting to the streets and being part of the chaotic circumstances at a number of universities.
Violence and chaos at the University of Limpopo had mainly been caused by Nzimande’s statement.
The students said the recommendation undermined the work of the commission and created an atmosphere of mistrust.
While he declined to comment on government policy, the judge said: “It is indeed a shameful and tragic truth that millions of South Africans were deprived of an adequate education in the past.
“That this fact or the government’s present situation has led, as alleged, to continued violence in the streets and at universities is something I abhor.”
The judge said that on careful reading of the minister’s statement, it was not a decision on any fee increases, but simply a well-reasoned appeal to universities to limit fee increases to 8 percent.
Judge Fabricius told the students he sincerely hoped they would one day appear before the court as attorneys or advocates, and that the rule of law would guide them in their efforts.
Although the students lost this round, the judge did not order them to foot the legal bill – he made no order regarding costs.