- Unisa was not granted leave to appeal a court order that compels it to issue an amended LLB certificate showing Trevor Ka-Mthokozisi’s legal surname.
- Judge Mazibuko said the proposed appeal had no prospects of success, even though the court allowed the late filing.
- The court dismissed the application with costs on Scale B, so the original order stands.
The University of South Africa (Unisa) failed in its attempt to appeal a court order that compels it to issue an amended LLB degree certificate to a graduate whose legal surname change the university had already recognised in its academic records.
Judge NGM Mazibuko dismissed Unisa’s application for leave to appeal on 27 October 2026, finding that the application had no prospects of success. While the judge granted condonation for the late filing, the application was dismissed with costs on Scale B.
This decision follows Judge Mazibuko’s June 2026 judgment, which ordered Unisa to issue Trevor Mthokozisi Ka-Mthokozisi an amended certificate reflecting his surname as shown on his Home Affairs identity document.
Unisa was ordered to issue an amended certificate
Ka-Mthokozisi graduated with an LLB from Unisa in 2018. He changed his surname from Sibanda to Ka-Mthokozisi in December 2023. The Department of Home Affairs approved the change, and both the South African Qualifications Authority and Umalusi updated their records to reflect his new surname.
Unisa also updated its internal student records and academic transcripts in January 2024 but refused to issue a new degree certificate with his new surname. Instead, the university offered him a statement in place of a certificate, along with his academic transcript and record.
Ka-Mthokozisi rejected the offer and took the matter to the High Court in Pretoria, asking the court to compel the university to issue an amended certificate. He argued that Unisa’s refusal affected his constitutional rights to equality, dignity and fair administrative action.
In his judgment delivered on 19 June 2026, Judge Mazibuko found that Unisa had no reasonable grounds for refusing to amend the certificate after it had already recognised the surname change in its records.
The judge explained that there is a difference between a duplicate certificate and a corrected or amended certificate. He found that the university’s policy against issuing duplicate certificates did not apply to the graduate’s situation.
The judgment said the university had not identified any law or regulation that prevents it from reissuing a degree certificate to reflect a lawful surname change. The court also found no evidence that issuing an amended certificate would harm the credibility or integrity of academic records.
Judge Mazibuko concluded that Unisa’s refusal was arbitrary, unreasonable and irrational. The court ordered Unisa, its Chancellor and its Registrar to issue an amended LLB certificate showing Ka-Mthokozisi’s surname exactly as it appears on his Home Affairs identity document issued in December 2023.
The court dismissed Ka-Mthokozisi’s broader application for declaratory relief, finding that he had not made a case for the constitutional declarations he sought. However, the court granted the practical relief requiring the amended certificate and ordered Unisa and the other respondents to pay his legal costs, including the costs of counsel.
Judge refuses leave to appeal
Unisa then applied for leave to appeal the order. The court heard the application on 20 October 2026, with lawyers for both sides presenting oral arguments.
In the judgment delivered on 27 October, Judge Mazibuko considered the documents submitted by both parties and their oral arguments. The judge was satisfied that Unisa had provided a valid reason for the late filing of its appeal.
However, applying Section 17(1) of the Superior Courts Act 10 of 2013, Judge Mazibuko found that leave to appeal should not be granted because the appeal had no prospects of success. The judgment says, “In terms of Section 17(1) of the Superior Courts Act 10 of 2013, leave to appeal is not to be given as I am of the view that the appeal would have no prospects of success.”
The October judgment does not go into detail about the specific reasons Unisa gave for challenging the June order. It simply records the court’s conclusion about the prospects of the appeal and does not revisit the full merits of the original dispute.
Original order remains in place
Judge Mazibuko granted condonation for the late filing but dismissed the application for leave to appeal, ordering Unisa to pay costs on Scale B.
The refusal of leave means the June 2026 order requiring Unisa to issue the amended LLB certificate still stands. The October judgment does not set a new deadline for issuing the certificate. The judgment was handed down electronically on 27 October 2026 and sent to the parties’ lawyers by email.
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