- She went to court seeking a declaration of innocence regarding the cheating allegations, which centre on claims that her exam script was substantially the same as another student’s.
- The disciplinary hearing stalled before any evidence could be presented or a decision was reached.
- Acting Judge IJ Bredenkamp dismissed her application with costs, noting that she had another remedy available to her under the school’s disciplinary code.
A student at Milpark Education, accused of submitting an exam script that closely resembled another student’s, has not received her postgraduate diploma while the disciplinary case is still pending.
The High Court in Pretoria dismissed Mpho Chuene Justine Maloba’s request to be declared innocent and to have her Postgraduate Diploma in Accounting issued by the institution.
Acting Judge IJ Bredenkamp held that the disciplinary matter was still pending and that Maloba had an alternative remedy under the contract that governed her studies.
Cheating allegations remain unresolved
Maloba, a registered student at Milpark Education (Pty) Ltd, faced disciplinary charges under the institution’s code after being accused of cheating in an exam. According to the charge sheet, she submitted an exam script that was almost identical to that of another student, referred to as Student A during the proceedings.
The disciplinary hearing ended with no outcome. After Maloba’s counsel asked the chairperson to withdraw, the institution said the hearing would start over, as required by Clause 4.3.1 of the disciplinary code.
That rule requires the student to agree to set up a new disciplinary committee, including appointing a new chairperson. At the time of the court’s decision, the case was still at a standstill. No evidence had been put forward, and Maloba had not been found either guilty or not guilty of the allegations.
Graduation invitation did not settle the dispute
The dispute also included a letter of completion sent to Maloba, along with an invitation to the institution’s graduation ceremony. In a letter dated 19 April 2023, Milpark’s attorneys reminded her that only students whose results were final and who had no serious pending issues could attend graduation. The institution admitted the invitation was sent by mistake.
Maloba asked the court to declare her not guilty on all charges, to order Milpark to issue her Postgraduate Diploma in Accounting right away, and to require the institution to give the Council on Higher Education any information it reasonably needed to perform its statutory duties.
Student had an alternative remedy
Judge Bredenkamp found that the relationship between Maloba and Milpark was based on a contract, since she had agreed in writing to the institution’s disciplinary code. The judge referred to a Constitutional Court decision about contractual relationships in education, and said the same principle applied to Maloba’s case with Milpark.
The judge also looked at the type of relief Maloba wanted. Instead of asking the court to move the stalled disciplinary process along, she wanted a declaration of innocence and an order for the institution to issue her diploma.
The court noted that she could have tried another remedy, such as asking the manager responsible for quality assurance to use their discretion under Clause 4.3.3 of the disciplinary code to appoint a new chairperson.
The court said that declaratory relief is up to the court’s discretion and is not usually granted when another remedy is available. Since the disciplinary hearing had not yet heard any evidence, there was no basis for declaring Maloba innocent of the charges.
Diploma could not be issued while proceedings remained pending
The court also looked at the institution’s view on issuing the diploma. In a letter dated 13 April 2023, Milpark’s lawyers told Maloba that students with serious outstanding issues were not allowed to attend graduation. The letter also said that if she was found innocent at the disciplinary hearing, she would immediately be given her certificate.
Maloba did not challenge the relevant policy or the fact that the disciplinary hearing was still pending. The judge found that, given these circumstances, neither a declaration of innocence nor an order forcing the school to issue the diploma immediately was justified.
The court also found that Milpark did not have to provide information to the Council on Higher Education when Maloba was not entitled to receive the postgraduate diploma.
Application dismissed with costs
Judge Bredenkamp dismissed the application with costs on Scale B, which included the cost of lawyers. The judgment did not decide whether Maloba was guilty of the alleged exam cheating.
The disciplinary proceedings are still unresolved, with no evidence presented and no decision made.
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