IN
THE HIGH COURT OF SWAZILAND
HELD
AT MBABANE
CIV.
CASE No. 2449/97
IN
THE MATTER BETWEEN:
JABULANE
SHEKWA APPLICANT
AND
THE
REGISTRAR OF THE UNIVERSITY 1st RESPONDENT
OF
SWAZILAND
THE
UNIVERSITY OF SWAZILAND 2nd RESPONDENT
CORAM
: DUNN
J.
FOR
THE APPLICANT : MR.
DLAMEVI.
FOR
THE RESPONDENTS : MR
T. MASUKU.
JUDGMENT
3RD
OCTOBER 1997.
This
application was argued before me on the 19th September 1997. At the
conclusion of the arguments, I dismissed the application with costs
and indicated that my reasons would be handed down later. These now
follow:
The
applicant accepted an offer by the 2nd respondent to study for the
DIPLOMA IN LAW-PART TIME (Year 1) in the academic year 1996/97. The
offer had been communicated to the applicant in a letter dated 7th
July 1996 (Annexure A to this application). The payment of tuition
fees by the applicant was dealt with as follows, under paragraph 1.3
of the annexure
–
The
total amount required for the year is E2500. Those students who
2
have
scholarships/sponsorships will be required to produce letters of
award as evidence for sponsorship. Students will be permitted to pay
at least E500.00 of the total fees due at registration and the
balance will be paid by five monthly instalments of E400.00 so as to
clear all fees by 31st December 1996.
The
applicant successfully completed the first year of study and was
authorised to proceed to the second year of the programme. The
applicant was required to present himself for registration for the
year 1997/98 at the Commerce Centre of the University on the 11th
August 1997. He states the following at paragraph 7 of the founding
affidavit –
I
duly presented myself for registration on the aforesaid date and to
my surprise and disgustment (sic), I was told by the 1st respondent
to pay the full tuition fee of E2500.00 to be able to register as a
student for the 1997/98 academic year much against the previous
arrangements the 2nd respondent had made to enable students to pay
tuition fees in instalments.
The
applicant proceeds to state that he subsequently learnt from the 1st
respondent that the University Council had at a special meeting on
the 18th July 1997, approved certain changes to the regulations
governing the payment of tuition fees with effect from the
commencement of the 1997/98 academic year. The changes were to the
effect that the fees for any one academic year must be paid by the
first day of the first semester. He states at paragraph 15 -
I
wish to state that I was not aware of the existence of the new
position nor have I been informed in good time about the 2nd
respondent's intended action to alter the terms and conditions of my
offer of acceptance.
It
was argued on behalf of the applicant, that the 2nd respondent was
obliged to adhere to the provisions of paragraph 1.3 of annexure A
for the duration of the applicant's course of study. It was submitted
that the relationship between the applicant and the University was a
contractual one and that the applicant had a legitimate expectation
that he would be informed of any changes to that relationship.
The
University Council is empowered to govern, manage and regulate the
finances, investments , property ,business and all other affairs of
the University . See section 16 of the UNIVERSITY OF SWAZILAND ACT
1983. The Finance Committee of the University which is charged with
the responsibility of advising the Council on all financial matters
of the University may recommend for the approval of Council of the
financial Regulations of the University and amendments thereto. The
payment of tuition fees is a matter which is governed by the
financial Regulations contained in the University Calendar. The
Calendar for the academic year 1996/97, when the applicant first
entered the University
3
contained
the following Regulation regarding the payment of tuition fees –
2.32
(a). The fees for any one academic year must be paid by the first day
of the first semester although, under special circumstances and by
arrangement with the Bursar,fees may be paid in equal instalments at
the beginning of each semester.
It
was clearly under this Regulation that the arrangements for the
1996/97 academic year,set out under paragraph 1.3 of annexure A, were
framed . The Regulation governing the payment of tuition fees for the
1997/98 academic year is set out as follows in the Calendar
–
2.32
The fees for any one academic year must be paid by the first day of
the first semester in the following manner:
Government-sponsored
students, and those sponsored by reputable local and international
organisations will have to provide written proof of sponsorship
before they are allowed to proceed with the registration process.
Other
students shall be required to pay the full tuition fees at
registration in August.
The
arrangements for the 1996/97 academic year were specifically for that
year. Nothing in the wording of annexure A could have led the
applicant to believe that he would be allowed to pay his tuition fees
by way of instalments, for the duration of his studies with the
University. As a student, the applicant was obliged to acquaint
himself with the financial Regulations and to realise that he could
not, in the 1997/98 academic year, expect the same indulgence as had
been extended to him in the 1996/1997 academic year.
It
was for these reasons that I dismissed the application.
B.
DUNN
JUDGE.
