The Supreme Court of Appeal (SCA) has upheld the National Student Financial Aid Scheme’s (NSFAS) decision to exclude postgraduate LLB degrees from its funding criteria, a ruling that confirms the administrative body’s authority to determine eligibility guidelines under financial constraints.
Supreme Court of Appeals rules in favour of NSFAS
The SCA’s decision came after an appeal by NSFAS against a prior ruling by the Gauteng Division of the High Court, which had reviewed and set aside NSFAS’s exclusion of the LLB degree as a second qualification from its funding scheme.
The High Court had initially found that the NSFAS’s decision lacked rationality and procedural fairness, particularly affecting students at the University of the Witwatersrand (Wits) who were pursuing an LLB as their second degree.
In overturning the High Court’s decision, the SCA clarified that the exclusion was a matter of policy within the executive functions of NSFAS and the Minister of the Department of Higher Education and Training.
The court articulated that such decisions are made in the context of broader economic constraints and budgetary priorities necessary to manage limited resources effectively.
The appellate court found that the NSFAS acted within its rights to prioritise funding for first undergraduate degrees to maximise the benefit to a larger group of students, given the financial limitations exacerbated by the COVID-19 pandemic.
Furthermore, the SCA addressed the issue of procedural fairness, noting that NSFAS and the Minister had engaged with relevant student bodies, such as Universities South Africa (USAF) and the South African Union of Students (SAUS), which was deemed sufficient under the circumstances.
What does this mean for postgraduate LLB student funding?
The SCA’s ruling means that NSFAS is not obligated to fund postgraduate degrees, including the LLB, if pursued as a second qualification.
Students who intend to rely on NSFAS for funding their second degrees, particularly the postgraduate LLB, will need to seek alternative funding sources.
This ruling may influence future policies regarding student financial aid, potentially affecting the accessibility of postgraduate education for students who lack the financial means to support their studies without NSFAS funding.