Press statement: TUT in contempt of court order allowing students to return to residences

Lawyers for Human Rights is concerned by the Tshwane University of Technology’s wilful contempt of an urgent court order allowing students to return to their residences.

The North Gauteng High Court on Saturday issued an urgent order allowing students who had been evicted from their residences at TUT to return to their residences. The university acknowledged the ruling through media reports over the weekend but have still not reopened residences.

Students were evicted late last week amid ongoing violent protests against shortfalls in the National Student Financial Aid Scheme.

Last week TUT obtained an interim order preventing any further campus protests.  This order, however, did not include any order for eviction as required by the Constitution. TUT then removed students from their residences despite having no court order to do so.  The removal of students was effected on all TUT campuses irrespective of whether the campus was involved in the protest action and in many cases was effected by force.

LHR approached the court on an urgent basis to have the eviction declared unlawful and unconstitutional and to allow students to return immediately.  The university’s registrar was informed of the application and the court papers were sent to university management but there was no response and TUT was not represented in court. 

LHR submitted that the university could not seek the court’s assistance on one hand by asking for an order preventing protests while on the other hand unlawfully removing students from their residences. 

The court found that the eviction without a court order was unlawful and unconstitutional.  The court found that the students’ right to adequate housing under the Constitution, and in particular the right not to be arbitrarily removed from one’s home without an order of court, was violated by the university’s actions.  The court ordered that the students may return immediately to their residences.  It also issued a punitive cost order against the university.

In the light of the deliberate ongoing contempt displayed by TUT, Lawyers for Human Rights will once again approach the North Gauteng High Court for a contempt order against the executive management of TUT and an order directing the sheriff of the High Court to enforce the order and ensure compliance.