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Legal News South Africa

Wits obtains court order to manage student protests

On 15 January 2016, the University of Witwatersrand (Wits) obtained an interim court order from the South Gauteng High Court.

In summary, the court order prevents anyone from:

  1. unlawfully occupying Senate House or any other offices, buildings, facilities or lecture halls;
  2. disrupting the normal activities of the University including registration, classes, lectures or tutorials;
  3. obstructing or preventing any person from entering or leaving the University or any of our buildings and facilities;
  4. causing damage to property;
  5. participating in, calling for, inciting or encouraging unlawful behaviour;
  6. harassing, intimidating, threatening or assaulting any person on campus; and
  7. being in possession of any dangerous weapons including knives, sticks or the like.

The order also empowers the University to bring the police onto campus if required.

The university has deployed additional security and obtained the interim court order to ensure the safety and security of its staff, students and visitors, and the protection of its property.

Right to peaceful protest

The university recognises and supports the call for access to affordable, quality higher education and welcomes the ministerial commission that has been established to further explore this proposal. The university respects the rights of students to lawful protest and the rights of those who wish to learn and work. This interim interdict does not stop legitimate protest.

Concessions made

Government has made many concessions in recent months, including committing to cover the majority of costs related to the no-fee increase for 2016 and to clear the historical debt of qualifying students who received NSFAS in 2015.

Wits has also made significant compromises including delaying the first payment for those who cannot afford it, thereby removing a major financial barrier to registration.

Resurgence of student protests

Despite these concessions, there has been a resurgence of student protests. Some students obstructed the registration process on Monday 11 January. There have also been serious threats made to the university and some staff. The university has thus brought additional security onto campus to ensure the safety and security of staff, students, visitors and others.

Wits remains open and willing to engage with students, staff, parents, alumni and anyone who has any issues of concern. The court order can be viewed at www.wits.ac.za in the section Updates on Protests.

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