News / Local
Nust exam cheat loses case at High Court
14 Mar 2016 at 05:38hrs | Views
THE High Court has dismissed an application by a National University of Science and Technology (Nust) student challenging the nullification of his results after he was caught cheating during an examination.
The university's disciplinary committee ordered Festo Chineka to write his examinations again after he allegedly brought his cellphone which contained answers to the examination hall in 2014.
Bulawayo High Court judge Justice Nicholas Mathonsi dismissed Chineka's court application on grounds that it did not comply with High Court rules. Chineka did not state the studies he was pursuing at Nust.
"The application falls foul of Rule 257 of the High Court rules as it does not contain the grounds for review. "The application doesn't comply with Rule 256 as it is not directed against the chairman of the tribunal whose proceedings it seeks to impugn," said the judge.
Chineka was charged for violating the rules of student conduct and discipline and Nust said his conduct was likely to harm the institution's interests. Dissatisfied with the verdict in February, 2015, the student filed a chamber application citing the pro-vice chancellor, Nust and the university's students' disciplinary committee as respondents.
He argued that he did not bring the gadget to the examination hall and also claimed that the disciplinary hearing was conducted without his knowledge and involvement.
In its opposing papers, Nust through its lawyers, Calderwood, Bryce Hendrie & Partners, said Chineka did not present himself before the disciplinary committee and was found guilty as charged.
"The applicant was personally served with the papers on September 17, 2014, but be absented himself. After reviewing the issue, I as vice-chancellor stood by the recommendations of the committee and wrote back to him notifying him that the university has nullified his results," the late former vice-chancellor, Professor Lindela Ndlovu, said in court papers.
The university's disciplinary committee ordered Festo Chineka to write his examinations again after he allegedly brought his cellphone which contained answers to the examination hall in 2014.
Bulawayo High Court judge Justice Nicholas Mathonsi dismissed Chineka's court application on grounds that it did not comply with High Court rules. Chineka did not state the studies he was pursuing at Nust.
"The application falls foul of Rule 257 of the High Court rules as it does not contain the grounds for review. "The application doesn't comply with Rule 256 as it is not directed against the chairman of the tribunal whose proceedings it seeks to impugn," said the judge.
Chineka was charged for violating the rules of student conduct and discipline and Nust said his conduct was likely to harm the institution's interests. Dissatisfied with the verdict in February, 2015, the student filed a chamber application citing the pro-vice chancellor, Nust and the university's students' disciplinary committee as respondents.
He argued that he did not bring the gadget to the examination hall and also claimed that the disciplinary hearing was conducted without his knowledge and involvement.
In its opposing papers, Nust through its lawyers, Calderwood, Bryce Hendrie & Partners, said Chineka did not present himself before the disciplinary committee and was found guilty as charged.
"The applicant was personally served with the papers on September 17, 2014, but be absented himself. After reviewing the issue, I as vice-chancellor stood by the recommendations of the committee and wrote back to him notifying him that the university has nullified his results," the late former vice-chancellor, Professor Lindela Ndlovu, said in court papers.
Source - chronicle
