Johannesburg - Student leadership at the University of Witwatersrand has failed at deferring the institution's exams.
On Friday a group of students launched an urgent application to interdict the exams, which were set to start on Thursday.
On Thursday the court sided with the institution by denying the urgent application.
For more than a month, thousands of students across the country have abandoned classes - and disrupted them - as part of the #FeesMustFall movement, wherein the group has demanded free education for all.
On Tuesday, Wits students, led by final year law student Seadimo Tlale, argued at the High Court in Joburg that the exams should either take place early next year or be deferred for two weeks.
In her founding affidavit, Tlale argued students had been left with little time to prepare for the exams.
“If the examination were to continue on that date it would have the inevitable consequences that the vast majority of students will either fail (or substantially underachieve) or, to avoid that consequence, the university will have to impose a general increase in the marks of all students,” she wrote.
She insisted that students had been traumatised by the heavy police presence and violence across the campus since the protests began.
“Those who attend lectures are in constant fear for their wellbeing from both protesting students and police alike,” she wrote.
“I can state quite categorically that every one of my lecturers is rushing through the course content and dealing with almost all aspects, sometimes dense material, in a superficial manner.”
On Thursday morning at the high court, Judge Willem van der Linde in his ruling said that perspective on protest action was needed. He said that according to the Constitution the right to free speech should not encompass hate speech or inciting violence, and the right to demonstration was to be unarmed.
He said students exercised their rights, but some had failed to do so peacefully and protect the Constitutional rights of others.
Judge van der Linde then noted that the applicants had altered their arguments throughout proceedings.
While the students had argued that the decision to continue with exams was irrational, the judge said the institution had explained that not continuing with the academic year (by halting lectures and examinations) could have dire consequences.
The university had presented a timeline of events during the weeks of protest as part of its argument, and explained how the academic year had already been extended by multiple weeks.
Wits also insisted that students with genuine reasons for not being able to sit an exam can apply for the deferred exam. The judge noted that the university's current deferred exam program allowed enough flexibility for the students' issues.
Regarding the stress and anxiety felt by the applicants, Judge van der Linde said that Wits had acknowledged their circumstances and said such factors could be the basis of an exam deferment application at the university.
Despite denying the application, Judge van der Linde said he did not wish to make an order regarding costs.
Meanwhile the first day of exams at Wits kicked off without any disruptions on Thursday morning.
The university’s spokeswoman Shirona Patel said that examination proceedings at all major venues had gone smoothly.
She added that police and private security would remain at the institution to monitor examinations.
The Star