#FeesMustFall activist Chumani Maxwele feels that justice has been served by the Western Cape High Court, which overturned his expulsion from the University of Cape Town (UCT).

Last week, the court ruled against his expulsion. The ruling follows a five-year court battle following his three suspensions. 

Judge MJ Dolamo ruled that the university’s tribunal proceedings that found Maxwele guilty and sanctioned him with expulsion and dismissal of his appeal be reviewed and that the university had to incur the costs of the review application and the legal costs of both lawyers.

“It is a great feeling because it has been a five-year-old case, as James Bond will say, 'there is a price to pay for speaking the truth to power'. Being a student is not a walk in the park,” said Maxwele.

He said that he took the matter to court because he knew that he would never receive a fair and just hearing at UCT because of his political activism at the university. “A lot of people within the administration don’t like me at all. It is for this reason that UCT legal services saw it necessary to corruptly and collude against me with that highly unethical and corrupt advocate Joseph SC,” said Maxwele.

According to the judgment papers, it was argued by Maxwele’s lawyers that the record of conversation transcripts that the proctor who chaired the proceedings – Adv Brenton Joseph – was biased because he seemed to be siding with the university based on the comments that were recorded.

Maxwele had also lodged a complaint with the Cape Council Bar, claiming Joseph's biasness, which he said, was revealed in a private conversation between Joseph and a university employee. Joseph is also the chairperson of the bar council.

Joseph told Sowetan that he had recused himself from all the processes regarding Maxwele's complaint. “I am not going to be involved. The bar council will determine the process independent of me. The complaint will be processed in an ordinary course,” said Joseph.

Maxwele, who is currently completing his masters at UCT, was expelled and found guilty by the university’s disciplinary hearing in September 2018.

Maxwele faced charges of racially abusing and intimidating a staff member, entering a computer laboratory without authorisation, failure to produce a student card, verbally abusing a student employee and intimidating a witness at a disciplinary hearing involving himself and two other students. Maxwele was also part of the student movement that protested against the Cecil Rhodes statue.

UCT opposed the review application on the basis that when Maxwele was appealing the case at the tribunal he was not challenging the findings but only the sanction of expulsion.

Amongst other irregularities that Maxwele argued against in the procedures are unfairness of the decision based on not being afforded legal representation. “It may be time for the rules of the university to be revised to allow for legal representation where the interest of justice requires it. The proctor may have to actively opt for legal representation to ensure a fair hearing,” said Judge Dolamo.

“Finishing up my masters degree was hard as I was only allowed to study under certain conditions. The punishment I suffered for the Rhodes and #FeesMustFall movements were also psychological,”  said Maxwele.

UCT spokesperson Elijah Maholola said the university welcomed the judgment. “UCT notes both the ruling and the judge’s commentary on the findings delivered this week in the Cape Town High Court on the university’s review application.”

Adv Diane Davis, a disciplinary officer on the Cape Bar Council, confirmed they received  Maxwele's complaint about Joseph.

“The initial stage of the disciplinary process involves sending the complaint to the respondent, giving the respondent an opportunity to respond in writing, and then sending that response to the complainant for a written reply. After that the complaint is evaluated and may be referred to a disciplinary tribunal appointed to deal with the matter,” said Davis.