UCT notes Constitutional Court judgement
Posted: 12 April 2017
The University of Cape Town notes the Constitutional Court judgement delivered on Wednesday, 12 April 2017 in a case between the university and five protesters who had taken part in alleged unlawful activities as part of the Shackville protest in February 2016.
UCT notes that the Constitutional Court confirmed that the interdict granted by the Western Cape High Court against the five remains in place.
The university also notes the Constitutional Court’s ruling on costs, with each party ordered to pay its own legal costs. The High Court had previously ordered the protesters to pay the university’s legal costs.
Supreme Court of Appeal judgement on UCT interdict, Thursday, 20 October 2016
Today the Supreme Court of Appeal released a 49-page judgement confirming the interdict of 11 May 2016. The five individuals who originally appealed the ruling are interdicted from erecting unauthorised structures on campus; damaging any of UCT's premises; participating in, or inciting others to participate in, any unlawful conduct or unlawful protest action on any of UCT's premises; and inciting violence.
Update on interdict process, Wednesday, 11 May 2016
The application for an interim interdict after the violence and vandalism on campus on 16 February 2016 has been made a final order of the court. Five of the original 17 respondents are subject to the original application.
Read the court order...
Released 11 May 2016
Update on interdict process, Friday, 4 March 2016
Following the events of 16 February 2016, UCT, on an urgent basis, sought and was granted relief through an interim interdict of the High Court. This order interdicted, amongst others, 16 named respondents. UCT sought this relief given the circumstances that prevailed at the time, which were judged to be extremely serious, and had done so on the basis of the prima facie evidence it had available to it at the time.
Since then the University has been considering further information and assessing evidence available to it about the events of 16 February, including the period immediately preceding 16 February 2016. In the case of three of the respondents named in the interim interdict, the University has decided that it will have the interdict discharged against them on the return date and will suspend the operation of the interim interdict insofar as it prevented them from accessing UCT premises. The attorneys acting for these Respondents have been informed.
While the University has taken this decision, it reserves its right to act against any person who aligns him or herself with unlawful conduct. Similarly UCT reserves its right to proceed against the individuals concerned through its internal University Student Disciplinary Tribunal if applicable. This applies also to those students, not named individually as Respondents to date, but who have subsequently been identified as having participated in unlawful activity on 16 February 2016 (and beyond) and whose actions have threatened good order at the University. A number of these students have already been identified.
UCT has also identified an individual, who is not a registered student, whose actions on campus on 15 February 2016 threatened good order, and were criminal in nature. He assaulted a student and this has been reported to the SAPS. UCT will seek to add thus individual as a Respondent to the current proceedings. He was previously involved in the 16 November 2015 incident when a final exam at the UCT Sports Centre was disrupted. He was arrested and charged for this incident and is currently out on bail. He has had no official reason to be present on any of UCT’s premises and the reason for his presence on 15 February 2016 is not known.
Any further developments that UCT initiates regarding further legal processes, externally through the High Court as well as internally at UCT, will be approached with due consideration, fairness and in alignment with the values of UCT.
Update on interdict process, Monday, 29 February 2016
Further to the media statement released by the University on Friday 26 February 2016 in respect of the judgment of Judge Blignaut, the University has taken a decision to seek leave to appeal the judgment. This appeal application was lodged on 29 February 2016.
On Thursday 25 February 2016 UCT advised those respondents (including Mr Hugo) who were arrested by the South African Police Services that the operation of the urgent interdict obtained on 17 February 2016 will be suspended insofar as their academic exclusion on campus was concerned. This applies to the First, Second, Fourth, Fifth, Sixth and Eighth respondents. This status, notwithstanding the application seeking leave to appeal Judge Blignaut's order, will remain insofar as these respondents are concerned, unless they contravene the further provisions of the interim interdict.
Update on interdict process, Friday, 26 February 2016
UCT to seek reasons for setting aside interim interdict against De Waal Hugo
The University of Cape Town obtained an urgent interim interdict on Wednesday 17 February 2016 from Judge Williams in respect of sixteen named individuals and a group.
One of the respondents, De Waal Hugo,who had been arrested on charges of public violence by the SAPS and who was released on bail by the Wynberg Magistrate launched an urgent application to set aside the interim urgent order. On Friday 26 February 2016 Judge Blignaut set aside the orders only as they related to Mr Hugo.
In setting aside the order, the judge did not give reasons. UCT will be requesting these, as the basis for its interdict application was based on Mr Hugo having been arrested for public violence. In the context of the events that happened on 16 February and on campuses nationwide subsequently UCT felt it had a responsibility to act to protect the the safety of students, staff and its campus.
The case against the other respondents continues and is scheduled to be heard on 15 March 2016 in the Western Cape High Court.
Interim interdict to protect UCT community, Thursday, 17 February 2016
After Tuesday evening's violence and vandalism on campus, 16 people and a 17th respondent, "anyone who associates themselves with unlawful conduct at any of the university's premises", have been interdicted by the Western Cape Division of the High Court of South Africa and their activities on campus restrained.
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