Naughty Zondi, a student at the University of Namibia, is charged with contravening Rule 9 of the University Rules in that he is alleged to have plagiarised an assignment for Agricultural Sciences 301. On 5 March 2015, Naughty receives a letter from the Proctor requiring him to appear before a disciplinary inquiry on 15 March 2015. In terms of the University Rules, a student is entitled to 14 days prior notice of any disciplinary hearing. The Proctor subsequently contacts Naughty and asks him whether he is happy for the matter to proceed on 15 March 2015. Naughty is anxious to get the matter over with and he informs her that he is prepared to go ahead on this date. Naughty arrives with a lawyer, Mr #Khoe, at the hearing. However, the disciplinary committee consisting of Mr G Mack; Dr D Soobs and Ms C Winters refuse to entertain his request at all and inform him that external legal representatives are not allowed. In this regard the University rules state:

'A student may conduct his/her own defence or may be assisted by any student or a member of staff of the University. Such representative shall voluntarily accept the task of representing the student. If the student is not present, the committee may nonetheless hear the case, make a finding and impose punishment.'

At the hearing, the lecturer, Mr Cliff, presents a Turn-It-In Report showing that Naughty's assignment was 70 % plagiarised. He also presents various supporting documents showing the extent of the plagiarism. Naughty, however, is not shown the report and accordingly does not have an opportunity to respond to it. At the end of the hearing, the committee finds Naughty guilty of plagiarism and cancels his result for the assignment. This is a devastating blow for Naughty as it means that he is unable to graduate and, to make matters worse, he cannot afford to pay for another

Page 21 of 21 year of studies. Naughty is also informed of his right to take the matter on appeal to the Student Discipline Court in terms of the University Rules.

2.1 Naughty wants to immediately challenge the committee's decision in court instead of taking the matter on appeal to the Student Discipline Court. Explain whether he is entitled to do this.

2.2 Would it be possible for Naughty to challenge the fairness of the committee's decision on the basis that they did not adhere to the 14 day notice period required in terms of the University Rules? Explain.

2.3 Naughty wants to challenge the committee's decision to refuse him external legal representation. Advise him on his prospects of success in this regard.

2.4 Naughty wants to challenge the committee's refusal to allow him to view the TurnIt-In report and supporting documents and to challenge this evidence. Advise him on his prospects of success in this regard.

2.5 Assume that Naughty takes the matter on appeal to the Student Discipline Court and that Mr C Frontier, Mr G Mack; Dr D Soobs and Ms C Winters and Mr N Zuma, who all sit on the Student Discipline Court, decide to uphold the decision of the disciplinary committee. Is there any basis upon which Naughty can challenge the decision of the Student Discipline Court? Explain fully.