Student court has set aside sanctions imposed on Tivan Leak, managing editor of Die Matie, Stellenbosch University (SU) student paper, by editor-in-chief Ingrid Heydenrych.
This draft judgement comes after Leak filed a case against Heydenrych at the SU student court last week.
The dispute between the two editors arose after Heydenrych sent Leak a letter, entitled waarskuwings- en tugtigingsbrief, via email, explaining that he was sanctioned from writing articles for Die Matie for a period of three editions (six weeks). Leak moved to have the letter set aside, arguing he did not have a hearing or means for appeal.
Today student court found that Leak did have the right to be notified of the proposed action against him, as well as the right to have a reasonable opportunity to make representations.
The decision by student court was based on section 14 of the student constitution, which states that “every student whose rights or legitimate expectations are affected by any decision taken by a student body or a member of a student body, has the right to be notified of the nature and purpose of the proposed action and a reasonable opportunity to make representations”.
Section 14 of the student constitution which Leak claims protects him.
The court found that Leak had a legitimate expectation for purposes of section 14, and this expectation was adversely and materially affected by Heydenrych’s decision to suspend his privilege to write articles.
Counsel for Heydenrych, SU law student Frederik van Dyk, said they are reviewing the draft judgement and will decide whether an appeal is necessary.
Heydenrych’s defence said they are still deciding if they will submit an appeal. PHOTO: Ané van Zyl
The case was heard last week by student court chairperson Sandiso Sogula, Khuliso Managa (vice-chairperson), Carmin Jansen van Vuuren (secretary) and John Goetsch (legal literacy). Andrea Pekeur, head of student court media and web communications, excused herself from proceedings due to “the nature of [her] relationship with a party to proceedings”.
Sogula said a full judgement will be made available soon.