IN THE STUDENT COURT OF STELLENBOSCH UNIVERSITY

REPUBLIC OF SOUTH AFRICA

In the matter:

[NAME(S) OF THE APPLICANT(S)]	First Applicant

[NAME(S) OF THE APPLICANT(S)]	Second Applicant

And

[NAME(S) OF THE RESPONDENT(S)]	First Respondent

[NAME(S) OF THE RESPONDENT(S)]	Second Respondent

FOUNDING AFFIDAVIT

I, the undersigned,

[APPLICANT’S FULL NAME]

do hereby make oath and state that:

INTRODUCTION

Give a general overview of what has happened that you now approach the court.

This template is not designed to be used a fill-out form. The format of this template should be used for your affidavit, but the substance needs to be drafted by you.

Each paragraph should contain a single averment/allegation.

Text indicated within “[ ]” is a field where you enter the details. For example:

“[Applicant]” should be replaced with the Applicant’s name;

“[Day]” should be replaced with the day of the month.

I am currently a registered student at Stellenbosch University with student number [student number].

The respondents are cited here in their [personal capacity or capacity as a member of a student body].

LOCUS STANDI

Locus standi refers to the applicant’s standing before the court. The Student Constitution confers standing to certain person in section 64(1):

“(1) All students and student bodies can bring cases before the Student Court, and only students and student bodies can bring cases, unless –

(a) this Constitution gives standing to another person or body; or

(b) all the parties before the Court consent to giving another person or body standing.”

Include the quote above and state that you are a student currently registered at Stellenbosch University.

Note that staff members of the University do not have standing before the court. Do not cite them as respondents, they will be removed from the matter.

Not all persons who are implicated in the matter need to be cited as respondents. Respondents are those persons against whom an order is sought.

JURISDICTION

Jurisdiction refers to the court’s authority to decide the matter. Jurisdiction is conferred to the Student Court in section 62 of the Student Constitution:

“The Student Court has the power to –

(a) give an interpretation, or to confirm the interpretation of a party before the Court, regarding –

(i) this Constitution; or

(ii) any empowering provision in terms of which a student body or a member of a student body exercises power;

(b) decide on the constitutionality of any action or omission of a student body or a member thereof;

(c) review any decision of a student body or a member thereof whereby the rights or legitimate expectations of a student or group of students are materially and adversely affected;

(d) make a final decision regarding any matter where the parties consent to the jurisdiction of the Court; and

(e) decide on all other matters which this Constitution places under the jurisdiction of the Student Court.”

Include the part of the section that is relevant to your case and state that this matter is within the Student Court’s jurisdiction.

URGENCY

If your matter is urgent then you must include the reasons, with direct reference to relevant dates, why a matter is urgent. A matter is urgent if ordinary proceedings would not be appropriate in the circumstances.

If the Court is satisfied that the matter is urgent, it will be more inclined to deviate from the ordinary Rules of Procedure.

FACTUAL BACKGROUND

This is where you set out everything that has happened relevant to this case. This will be a large part of your affidavit. Make sure that everything you need to allege, is alleged. Use paragraphs to separate the points that you make.

Do not misconstrue anything. Do not make any allegations that are abusive or defamatory, harass or annoy, or irrelevant.

Do not include any hearsay evidence (evidence that you cannot personally attest to) as your own. If you are relying something that someone else said, then it must expressly be indicated. Such evidence will carry little weight. It is therefore recommended that that person files a supporting affidavit (sworn statement) themselves.

APPROPRIATE REMEDY

The Student Court can make orders as set out in section 63 of the Student Constitution:

“The Student Court can –

(a) grant an interdict or any other interim relief if material injustice would otherwise result;

(b) grant a declaratory order;

(c) set aside any decision or action that is inconsistent with this Constitution, or a constitution, policy, regulation or any empowering provision of a student body, in so far as it is inconsistent with it, provided that in case of setting aside –

(i) the retroactive effect of the order must be limited as far as possible; and

(ii) the order can be suspended for a fixed time or on any conditions so as to allow the person or body in question to rectify the fault; or

(d) grant any order, including a combination of the abovementioned remedies, that is fair and equitable.”

State in clearly the remedy that you seek. It is well-advised to include the following phrase: “or such further or alternative remedy the Court deems fit”.

Again, note that no order can be made against staff of the University.

I HEREBY OATH that I have read and understood the contents of this affidavit, that every averment made is within my personal knowledge unless where expressly indicated otherwise, and that it is submitted in good faith.

DATED AT STELLENBOSCH ON THIS [DAY] DAY OF [MONTH] 2017.

[APPLICANT]