Maxwele had also lodged a complaint with the Cape Council Bar, claiming Joseph's biasness, which he said, was revealed in a private conversation between Joseph and a university employee. Joseph is also the chairperson of the bar council.
Maxwele, who is currently completing his masters at UCT, was expelled and found guilty by the university’s disciplinary hearing in September 2018. Amongst other irregularities that Maxwele argued against in the procedures are unfairness of the decision based on not being afforded legal representation. “It may be time for the rules of the university to be revised to allow for legal representation where the interest of justice requires it. The proctor may have to actively opt for legal representation to ensure a fair hearing,” said Judge Dolamo.
UCT spokesperson Elijah Maholola said the university welcomed the judgment. “UCT notes both the ruling and the judge’s commentary on the findings delivered this week in the Cape Town High Court on the university’s review application.”
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