DUT interdict unconstitutional - students

Durban University of Technology students who are opposing the university’s application to stop them from protesting, said the interdict affected their constitutional right to protest.

Durban - Durban University of Technology students who are opposing the university’s application to stop them from protesting, said the interdict affected their constitutional right to protest.

Five of the 13 students cited by name in DUT’s urgent application before the Pietermaritzburg High Court on Tuesday filed opposing affidavits.

An interim order is currently in place which prevents students from: protesting within 100 metres of the university’s premises; damaging property; intimidating other students; and disrupting lectures and examinations through protests.

According to DUT vice-chancellor Professor Ahmed Bawa’s affidavit, management has been addressing issues raised by the Student Representative Council (SRC) since campus re-opened in January.

“Student dissatisfaction is deep-rooted and widespread,” Bawa said.

He also said the violence was escalating and showed no sign of abating. DUT buildings have been set alight, vehicles and buildings vandalised and staff and students threatened, intimidated and in certain instances, assaulted.

“Students have no right to behave unlawfully or to intimidate or instigate others. DUT has a clear right to ensure that its academic programme continues free from threats, intimidation and disruption,” Bawa said.

DUT has also suspended several students in the wake of the violent protests which erupted earlier this year over the non-payment of fees and financial aid.

Several students were initially not allowed to register pending the payment of fees.

DUT third-year public management student, Ozayo Ntshalane, said in his affidavit that DUT students, like thousands across the country, had encountered problems with expensive fees, unpaid debts and the dire need for the positive transformation of DUT as a recognised institution of higher learning.

“Since the beginning of this year there has been mounting tension among students, which had boiled over from the previous year regarding the high fees, food prices and residences. DUT management’s non-conciliatory approach to resolving the issues in an amicable manner has added to the tension,” Ntshalane said.

He reiterated that the application was deeply entrenched against the “Fees Must Fall” campaign backdrop, which had been the harbinger of student sentiments across the country, and said it was crucial that the court attach the proper weight and give due consideration to this “social, political and economic milieu”.

Ntshalane said he also wished to draw the court’s attention to the politically fuelled tension on DUT campuses and the palpable political mood prevalent with the ANC led South African Students Congress (Sasco) pitted against the NFP led National Students Movement (Nasmo) and the rivalry between them.

Ntshalane said DUT’s application was “scant” and lacked sufficient material detail to sustain the relief sought.

Ntshalane said the parameters of the interdict were too wide, and the blanket restrictions materially affected their constitutionally guaranteed rights to protest in a lawful fashion.

Referring to Bawa’s affidavit, Ntshalane said it was based on “indirect, secondary hearsay which to date has not been confirmed nor supported by management, security and staff”.

Ntshalane said that had DUT management engaged on a meaningful level with the SRC, there would have been no need for the institution to approach the courts.

Ntshalane argued there was no evidence linking any of the cited students to any of the unrest on the various campuses.

The case was adjourned for both parties to submit heads of argument.

Daily News