Judge Mbulelo Jolwana also interdicted students from damaging the university’s property.
The Eastern Cape High Court in Mthatha has stopped Walter Sisulu University (WSU) from evicting students from their residences on campus.
The ruling was handed down on Friday night, after the university’s management had issued an instruction for all students to vacate the premises by the end of business that same day.
The university’s student representative council (SRC) urgently approached the court to challenge the eviction, which was prompted by escalating unrest on campus.
The protests, which have rocked WSU this week, resulted in the death of one student and left two others injured.
Walter Sisulu University interdicted from evicting students
In delivering his ruling, Judge Mbulelo Jolwana commended the legal representatives of both the SRC and the university for their efforts to seek a peaceful and fair solution, stressing the importance of considering eviction only as a last resort “if the situation so warrants”.
Jolwana ruled in favour of the SRC’s application, interdicting the university from evicting students from their residences.
However, he also imposed a counter-order against the students, prohibiting them from damaging any university property.
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“It does not serve anybody’s interest for the property to be destroyed or lives to be lost for that matter, including the lives of students and that being the case, they then should be each other’s protector to ensure that there is a very useful environment for academic purposes, which everybody is there for,” Jolwana said.
“If it becomes necessary that this court must sit again because things are getting out of hand, one way or the other, both of you understand that the court’s doors are always open for the court to deal with the facts as they arise at that stage,” the judge added.
His decision was met with jubilation from those in the courtroom.
Protests led to student’s death
The legal battle follows the death of WSU student Sisonke Mbolekwa, who was fatally shot during protests at the Mthatha campus on Tuesday.
The incident allegedly stemmed from a confrontation between students and a residence manager regarding poor living conditions.
While WSU claimed that Mbolekwa was not a registered student, Higher Education and Training Minister Nobuhle Nkabane refuted this, saying records from the National Student Financial Aid Scheme (Nsfas) confirmed otherwise.
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Nkabane visited Mbolekwa’s grieving family in Tshepisong Village, Matatiele, on Thursday to offer condolences.
She also visited the two injured students receiving care at Nelson Mandela Academic Hospital on Wednesday.
Meanwhile, police have arrested a 54-year-old man in connection with the shooting.
He is expected to appear in the Mthatha Magistrate’s Court on Tuesday, 22 April, facing charges of murder and attempted murder.
