Guide to Student Court Proceedings at Stellenbosch University
Explore the functions and procedures of the Student Court at Stellenbosch University, including who can bring matters to the court, the types of judgments it may make, and how to initiate a case through drafting motions and affidavits. The Student Court serves as an independent tribunal that upholds the constitutionality and rights of student bodies while ensuring fairness and accessibility in its proceedings.
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STUDENT COURT HOW TO GUIDE http://www.sun.ac.za/english/students/student-court
FUNCTION OF STUDENT COURT An administrative, independent tribunal that adjudicates over matters impartially All student bodies are subject to the judgments of Student Court All student bodies must cooperate to ensure the independence, impartiality, dignity and accessibility of the Student Court
WHO CAN BRING MATTERS TO STUDENT COURT Any student or student body can bring cases before the Student Court, as well as: - Any person the Student Constitution allows to bring the case - Persons or bodies who are given consent by participating parties before the Court to participate in the case Persons may participate in Student Court with or without a representative; representatives may only be students The procedure according to which cases are brought before the Court is set out in the Student Court Rules of Procedure (available on Student Court s website)
STUDENT COURT MAY MAKE JUDGMENTS IN THE FOLLOWING CASES: Give an interpretation, or to confirm the interpretation of a party before the Court, regarding the Student Court Constitution; or a student body provision Decide on the constitutionality of any action or omission of a student body Review any decision of a student body or a member where the rights of a student or group of students are materially and adversely affected (eg. amendment of constitutions, appointments and rejections) Make a final decision regarding any matter where the parties consent to the authority of the Student Court
HOW TO BRING MATTER TO STUDENT COURT 1. 1. Draft a notice of motion Draft a notice of motion A notice of motion informs the court and the other party that a legal remedy is being sought 2. 2. Draft one or more supporting affidavits Draft one or more supporting affidavits Affidavits record certain facts under oath A founding affidavit sets out the facts surrounding the dispute, a short argument as to why you are entitled to the relief sought, and the remedy you want the court to give. A supporting affidavit is written by another person involved in the case that can support your argument. 3. 3. E E- -mail these documents to mail these documents to studentcourt@sun.ac.za The defendant shall be notified about the case by Student Court and be expected to file a notice of intention to oppose as well as their answering affidavits. studentcourt@sun.ac.za
HOW TO BRING MATTER TO STUDENT COURT 4. 4. Student Court will take note of your application Student Court will take note of your application A date and time for the announcement of its decision will be set. All parties will be kept informed and will have access to all the documents pertaining to the case. If the court deems it necessary, it will set down a date and time for a hearing. Visit the following link for document templates: http://www.sun.ac.za/english/students/student http://www.sun.ac.za/english/students/student- -court/important court/important- -documents documents
THE BASICS IN AMENDING YOUR CONSTITUTION 1. 1. General notes General notes All amendments must be approved by Student Court. 1. When amending your constitution, please ensure that you consult all the relevant documents on the Student Court website. 2. Procedure Procedure When you have drafted the amendments, send the draft document (in Word format) format); a copy of the original (not yet amended) constitution; and any documents you refer to in the constitution to studentcourt@sun.ac.za The amendments will then be reviewed by Student Court using the track changes tool. Thereafter, we will send it back to you to make the necessary changes. After making those changes, you send the amended version back for a second review. (in Word 2. studentcourt@sun.ac.za. Visit the following link for document templates: http://www.sun.ac.za/english/students/student http://www.sun.ac.za/english/students/student- -court/important court/important- -documents documents
FOR MORE INFO CONTACT: Student Court: Student Court: studentcourt@sun.ac.za studentcourt@sun.ac.za
