PRESS STATEMENT: LHR takes TUT to court for failing to honour a court order instructing the University to allow students to return to residences

18 August 2016

Today, the High Court of South Africa, Gauteng division, Pretoria heard an application for a contempt order brought by Lawyers for Human Rights (LHR) on behalf of the students of the Tshwane University of Technology (TUT). The issue to be determined was whether TUT and three of its top officials unlawfully ignored the urgent court order intended to bring an immediate end to the unlawful mass eviction carried out against all the students residing in the TUT residences at the time.

In early February 2014 the High Court issued an urgent court order directing TUT to allow students who had been unlawfully evicted from their TUT residences without the provision of alternative accommodation, to return to their residences. The University was served with a copy of the order and acknowledged receipt thereof on its own website and through the media. Despite this, however, it refused to comply with the terms of the order and allow the evicted students to return to the residences.

As a result of TUT’s continuing refusal to comply with the order of Court, LHR once again approached the Court to seek an order of contempt against the University. The Court granted an interim order holding that TUT was in contempt and postponed the matter so as to allow TUT an opportunity to file opposing papers.

When the opposing affidavit was filed by TUT the individual officials responsible for the contempt of the Court’s previous order were identified and LHR applied to have these officials individually joined to the contempt application in their personal capacities. This joinder application was granted. TUT has also since the granting of the interim order unsuccessfully attempted to rescind the initial court order requiring that the students immediately be allowed to return to their residences. Numerous offers to settle the matter by way of a public apology to the students and the court have failed.

The main contempt application against TUT and its officials was heard today by the court. It is the view of LHR that TUT and the individual officials responsible for the violation of the students’ constitutional rights and deliberate contempt of the Court’s order cannot be allowed to hide behind the juristic persona of the University. It is also of importance to the Rule of Law that students who are asked to comply with court orders see that the University and its officials are also required to do so.

The court reserved judgement on this matter

For further information, please contact:

Tarisai Mugunyani

Lawyers for Human Rights

Land and Housing Programme

012 320 2943 / 071 101 3807