AMBROSE SABELO MALAMBE v PRINCIPAL SECRETARY , MINISTRY OF EDUCATION [2000] SZHC 1 (1 January 2000)

Award of scholarships by Government

AMBROSE SABELO MALAMBE

Applicant

PRINCIPAL SECRETARY , MINISTRY OF EDUCATION

1st Respondent

PRINCIPAL SECRETARY, MINISTRY OF PUBLIC SERVICE

& INFORMATION

2nd Respondent

ATTORNEY GENERAL

3rd Respondent

Civ. Case No. 65/2000

Coram Sapire, CJ

For Applicant Mr. T.R. Maseko

For Respondent Mrs. Nkonyane

JUDGMENT

This is an application in which the applicant seeks order calling upon the respondent that is the Principal Secretary of the Ministry of Education, the Ministry of Public Service and Information and the Attorney General must come and show cause, on the date to be fixed by the Honourable Court why, if any, that:-

1.	the first respondent should not be ordered to recommend the applicant for the purpose of being able to pursue a Bachelor of Arts degree in Law at the Rand Afrikaans University;

2.	they should not be ordered to award a scholarship to the applicant to enable him to pursue a Bachelor of Arts Degree in Law in the Rand Afrikaans University;

3.	the applicant asks that paragraph 2(i) and 2 operate as an interim order with immediate effect;

4.	Costs of the application.

Our first question is the urgency of this matter and although I have not heard Mr. Maseko on this aspect of the matter but I did hear him on the merits. I must say that there is no basis of urgency whatsoever, this is not a matter which should be brought under the certificate of urgency and apart from that, I read the papers before argument and I could find not the semblance of the cause of action in this matter. The proceedings of this court are to enforce rights and obligations and it is not being shown that there is any obligation on the Government to afford the applicant the recommendation and scholarship which he seeks. He is not entitled to it. These facilities for further education are a matter in the discretion of the Government and it may or may not. If the government decides not to award any particular Government servant with a scholarship, the decision cannot be set aside in court. He has no right.

I take it with its logical conclusion, every civil servant can then come and say that because he is a civil servant perhaps he may be a driver or a cleaner or somebody who feels he wants to go and study law, the Government must pay.

The application is dismissed with costs.

SAPIRE, CJ

CommonLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.commonlii.org/sz/cases/SZHC/2000/1.html