Decision of the African Commission on Human
and Peoples' Rights on Admissibility
Communication 758/21
Queen Ntombikayise
Ambe (Represented by Shadrack Tebeile) v
Republic of South Africa
Summary of the Complaint:
1. The Secretariat of the African Commission on Human and Peoples' Rights (the
Secretariat), received a Complaint on 21 May 2021, from Queen Ntombikayise Ambe
(the Complainant) represented by Adv. Shadrack Tebeile, against the Republic of
South Africa (the Respondent State), a State Party to the African Charter on Human
and Peoples' Rights (the African Chai;ter). 1
2. The Complainant states that she was the former pirector of Contract Management
and Management Accounting of the University of Limpopo, where she worked until
31 March 2019, when she resigned. The Complainant alleges that she was enrolled
for the Doctor of Commerce program at the University of Limpopo, in South Africa
(the University) : According to the Complainant, the University held that she was
not qualified .for conferment of the degree, on the basis that she was not qualified
for initial entry . into the program, and had not completed the requirements for
graduation.
3. The Complainant states that on 5 October 2018, her enrolment into the Doctor of
Commerce program was terminated. The Complainant filed for review of this
decision under case number 2172/2019, and the University filed notice to oppose
the review application. The Complainant alleges that despite the University having
been served notice.of set down of the case on 12 August 2019, the date for filing the
University's affidavit in opposition to the Complainant's application for review
elapsed with no response from the University.
4. The Complainant avers that on 22 October 2019, she obtained a default judgment
from the High Court of Limpopo Division, presided over by Semenya J. on
unopposed roll, declaring that the University's decision to terminate the
Complainant's enrolment into the Doctor of Commerce program was
unconstitutional and therefore, set aside.
5. The Complainant alleges that the University appealed on the grounds that its failure
to file its affidavit i~ opposition was d~e to it not having r_e ceived ~otice of ~A 9.!-:~-of set down from its lawyers. Accordmg to the Complamant, this argumer1.e
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1
The Republic of South Africa ratified the African Charter on 9 July 1996.
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