INTRODUCTION

[1] The disputes to be adjudicated by me have been fuelled by the decision of the Minister of Higher Education and Training (“the Minister”) dated 18 June 2012 in terms whereof he exercised the powers afforded to him by section 41A(1) of the Higher Education Act 101 of 1997, as amended, (“the Act”).

[2] On 4 July 2012 two applications were issued on an urgent basis: one by the Minister and the other by the Council of the Central University of Technology, Free State. I shall refer herein to the university as CUT and to its council as the Council.

[3] As duty judge during the recent recess, I granted leave that both applications be enrolled for hearing on 19 and 20 July 2012. The parties considered the matter as urgent and as agreed they filed answering and replying affidavits in the applications and the matter was ripe for hearing. As requested, I ruled in terms of Rule 11 of the Uniform Rules of Court that the applications be heard simultaneously and that one judgment only be handed down.