DURBAN - A Durban student’s hopes of gaining entry to the University of KwaZulu-Natal’s Nelson R Mandela School of Medicine were shattered last week when the Supreme Court of Appeal dismissed her appeal.
But this is not the end of the road for her. She now intends taking the matter to the Constitutional Court.
Escombe resident Niekara Harrielall, 20, pursued court action to compel UKZN to grant her entry to the medical school in 2015 after her application to study was unsuccessful.
The university recommended Harrielall pursue a degree in Bachelor of Medical Science (Anatomy) instead at the time, so she could gain entry as a “mature student” in 2016.
When she was unsuccessful, she launched an application in the Pietermaritzburg High Court to set aside the university’s decision on the grounds that it had failed to consider its own admission policy.
But the court was not convinced that Harrielall proved the university deviated from its admission policy and failed to consider her application. The case was dismissed with costs.
Harrielall then launched an appeal in the Supreme Court of Appeal and challenged the university on their mature students’ admissions policy.
Rejecting her appeal, Justice Kevin Swain said the student’s complaint in her founding affidavit was that the university in awarding places within the “mature student” category only considered students who had completed their degrees.
Her appeal was dismissed with costs on the basis that she failed to prove that UKZN had not considered her application properly, or had acted impulsively and arbitrarily in deviating from its admissions policy in refusing to admit her to the 2016 academic year, for the MBChB degree course.
Niekara’s father, Raveen Harrielall, confirmed to the Sunday Tribune that the family was preparing to take the matter to the Constitutional Court.