- Nthambeleni failed to explain why he needed another urgent court order when an earlier order already protected him against precautionary suspension.
- The court found that the existing order provided sufficient protection while his review application remained pending.
- Judge AML Phatudi struck the application off the roll for lack of urgency and ordered Nthambeleni to pay costs, including those of three counsel.
Professor Bernard Nthambeleni, the University of Venda’s vice-chancellor and principal, could not show why he needed urgent court intervention when he was already protected from precautionary suspension.
In a judgment delivered on 23 October 2026, Judge AML Phatudi of the High Court in Thohoyandou found that Nthambeleni had not explained why he could not get relief through the usual court process.
Nthambeleni wanted the court to declare that a special university council meeting held on 16 July 2026 was unlawful and to set aside all decisions taken at that meeting, including the move to place him on precautionary suspension.
But a previous order granted by Judge TC Tshidada had already halted the suspension process. That order also stopped the university, its council and the Minister of Higher Education and Training from taking any further steps based on the decisions being challenged. The earlier order remains in force while Nthambeleni’s review application is still pending.
Earlier order required a fresh lawful process
The dispute began after allegations of corruption surfaced against Nthambeleni. The judgment described these allegations as unverified and untested.
The university council had previously decided to place him on special leave and started the process for a precautionary suspension. Nthambeleni took these decisions to court. On 13 May 2026, Judge Tshidada declared a council meeting held on 4 May unlawful and set aside everything that followed from it.
Further legal proceedings led to the order suspending the process to place Nthambeleni on precautionary suspension. The court also prevented the university, its council and the minister from acting on the disputed decisions and letters.
The court said the university could only consider a future precautionary suspension if it followed a new and lawful process. This included notifying Nthambeleni of the allegations, providing supporting information and giving him a fair chance to respond.
Despite these orders, the university council called another special meeting on 16 July 2026 and again resolved to suspend him. The court’s earlier orders remained in effect.
Court finds no basis for urgent application
Judge Phatudi said applicants seeking urgent court relief have to explain why their cases can’t wait for the regular court process and why they wouldn’t get enough relief later. The judge found that Nthambeleni’s affidavit did not show why the matter was urgent or why the existing order wasn’t enough.
When asked to point out where the affidavit explained the need for urgent intervention, Nthambeleni’s lawyers couldn’t find the relevant parts. The judge also asked whether Nthambeleni saw the earlier order as temporary and if it could be appealed. But the key issue was why another urgent application was needed when the existing order already protected him.
Judge Phatudi said Nthambeleni had a “double-edged sword” in the form of the earlier orders, which gave him enough relief and put him back in his previous position. The judge concluded that Nthambeleni had not shown why he could not get relief through the ordinary court process while the review application was still pending.
Application struck off with costs
The court decided that the question of urgency should be dealt with first, before hearing the respondents’ challenge to the authority of the legal representatives under Rule 7. That issue will be looked at when the case is heard on its merits.
Judge Phatudi struck the application off the roll for lack of urgency and ordered costs on Scale B, including the costs of three counsel where relevant.
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