THE University of the Free State (UFS) has been ordered to award a diploma to a former student who left the institution 13 years ago before completing a degree programme that has since been discontinued.
Jonah Morudu is expected to receive a Diploma in Construction Science and Building Surveying at the institution’s next graduation ceremony.
He had approached the court seeking an order compelling the UFS to confer the qualification upon him after the Bloemfontein-based institution told him the study programme had been discontinued and the qualification could therefore not be awarded.
Morudu enrolled with the university as a full-time student at the beginning of 2002.
He registered for a Bachelor of Science degree, majoring in quantity surveying.
At the time he enrolled for the degree, the UFS also offered a Diploma in Construction Science and Building Surveying, subject to the requirement that the prescribed modules stipulated by the institution’s Faculty of Natural and Agricultural Sciences be passed.
The diploma was only available on request to a student who completed the prescribed and applicable modules and had achieved a minimum of 240 credits but, because of academic or other reasons, could not complete the study programme.
This presented a university qualification to a student in recognition of modules that had been completed which were applicable and acceptable in the labour market.
A student could not register for this diploma first-off – registration and acceptance could only be for the degree course.
Morudu completed all the modules which were required to enable him to qualify for a Diploma in Construction Science and Building Surveying, obtaining 376 credits while the minimum requirement for the diploma was 240 credits.
In 2017 and 2019 he attempted to re-enrol for the degree programme but was informed that he had exceeded the maximum residential period allowed for enrolment in the programme.
The UFS informed him that the curriculum that he previously enrolled for was no longer valid and he would not receive recognition of the credits for the modules completed.
Responding in court, the university stated that the applicant started his studies in 2001, had an incomplete record for 2002 and resumed his coursework from 2007 to 2012.
For students enrolled for the Bachelor of Science degree in 2012, the maximum study period was six years.
By the end of 2012, the UFS said, Morudu was accommodated beyond the maximum study period of six years for the degree.
“When the applicant left the university at the end of 2012, he should have been aware that he could not resume and complete his . . . degree at a later stage,” the UFS argued.
“It was, therefore, necessary for him to have applied for the exit diploma.”
The university insisted that by the time Morudu decided to apply for the diploma, it was no longer offered.
“A considerable period of time had lapsed since the applicant passed his modules and wanted the respondent to consider his application for the diploma,” the UFS said.
The institution claimed it was not unwilling to assist its former student, but it could not lawfully or practically award the diploma, nor would it be competent for the court to order the respondent to do so in the circumstances.
However, after hearing the case on 20 July this year, Justice Joseph Mhlambi last week ruled in favour of the former student.
The judge said refusing the applicant recognition of his achievements and his compliance with the requirements of the diploma would be acting contrary to the rule of law.
“I am persuaded that the respondent’s resistance to the orders sought by the applicant is without merit and should be rejected,” Justice Mhlambi said.
“The application should therefore succeed. It is trite that the successful party is entitled to the costs.” – Staff Reporter