Pretoria - While #FeesMustFall has seen class disruptions and most universities closed until October 10, there could be more grief for institutions as they could face legal action from students for failing to provide them with a safe environment in which to study.
Urgent applications also loom if the students who are ready to write their year-end exams are hampered in doing so owing to disruptions on campuses.
While some students are determined to press ahead with their demands; others are considering legal action to protect their right to study.
Some Nelson Mandela Bay students have already said they are considering legal action against the university for breach of its contractual obligations. They argue that they have paid their university fees and have thus entered into a contract with the university that they will receive their education, advocate Francois Botes said.
“Every student has the right to study in a safe and protected environment conducive to education. Once they have registered and paid their class fees, they are entitled to receive the maximum benefits as provided for by the tertiary institutions’ curricula.”
In the event that the university neglected this obligation, Botes said, it could constitute negligence. Therefore the university may be held liable for damages students suffered as a result of the unrest, including fees already paid.
But advocate Piet de Jager is more sceptical. A student or parents may sue the university for breach of contract, he said, but the university could plead that it was due to circumstances beyond its control owing to an emergency situation.
De Jager said he was considering asking for an urgent interdict on behalf of a client to compel a university to allow willing students to write their exams.
“If things do not get better by exam time, I am going to write a letter on behalf of my client to the university to earmark a venue away from campus, where students can write their exams. If this does not help, I will turn to the urgent court to compel them to do this.
“It is possible to force the universities to allow the students to write their exams in a venue other than on campus.”
DA higher education and training spokeswoman, Professor Belinda Bozzoli, said the closure of most universities would be detrimental in the long haul, leading to a decline in university standing, financial pressure on varsity budgets and possibly loss of employment opportunities for students about to graduate. Bozzoli said the most tragic was the economic cost to the students themselves.
Universities have said if they do not resume normal operations they run the risk of not being able to complete the academic year and would have to extend the university year or start earlier in January to ensure they can finish the required work. This will have knock-on cost implications for universities and students.
“Those who want to learn should have their constitutional rights respected. The truth is that a small group of students, bent on destruction and violence, are determined to keep our campuses shut,” Bozzoli said.
On Friday, students will take their demands for free education to big business when they march on the Johannesburg Stock Exchange.
Vice-chancellors from institutions in Pretoria say they have sympathy for the plight of students and their call for free education, but changes by individual institutions would take time.
University of Pretoria principal Professor Cheryl de la Rey said: “Students across the world have at times been at the forefront of tackling social issues. In doing so, they can play a valuable role in advancing democracy and social justice.
“As a country, it is imperative that we invest more in higher education so as to make education accessible for all people, especially poor families. We don’t dispute students’ right to protest. Neither do we question the validity of the issues they have raised.”
Sefako Makgatho Health Sciences University vice-chancellor Professor Chris de Beer said: “The university supports the campaign to achieve quality free higher education for the poor. It is of national importance to achieve this outcome as soon as possible.
“The SMU is aware of the fact that this outcome is not immediately achievable, and that the sector has to rely on an uncomfortable interim arrangement for the 2017 academic year with a view to ensuring the medium to longer term sustainability of institutions and the quality of programmes.
“It will require a joint effort of government, government agencies, the private sector, donors, universities and parents. However, we will innovatively and with the means at our disposal, contribute to achieving this national imperative.”
Tshwane University of Technology vice-chancellor Professor Lourens van Staden said: “True to our motto 'we empower people' TUT has consciously chosen this path - to be a university that caters for this profile of students.
“That's why the university council and TUT management have, over the years, ensured that students' fees at TUT remain among the lowest in the country, while providing high quality education.
“We sympathise with the majority of students in SA and the social injustice that precipitated the #FeesMustFall campaign.
“We hope all our students and broader society will remain calm as we await the report by the task team appointed by the president on fee free higher education.”
Pretoria News