The North Gauteng High Court in Pretoria has ordered the University of South Africa (Unisa) to issue a new LLB degree certificate to a graduate whose surname was legally changed.
Judge Nkosingiphile Mazibuko ruled that the institution acted irrationally by refusing to amend the certificate while simultaneously recognising the graduate’s new identity in its own records.
Trevor Mthokozi Ka-Mthokozisi obtained his LLB from Unisa after studying between 2011 and 2017 before graduating in 2018.
He legally changed his surname from Sibanda to Ka-Mthokozisi in December 2023.
Following the change, both Umalusi and the South African Qualifications Authority (SAQA) updated their records to reflect his new surname.
However, Unisa refused to issue Ka-Mthokozisi with an amended LLB degree certificate, relying primarily on its policy that “duplicate certificates will not be issued under any circumstances.”
Instead, it offered him a statement in lieu of a certificate, together with his academic transcript and academic record, which he rejected before approaching the High Court.
In court, Ka-Mthokozisi argued that Unisa’s refusal infringed his constitutional rights to equality, dignity and lawful administrative action.
He also sought an order declaring the university’s policy stating that “duplicate certificates will not be issued under any circumstances” unlawful, arguing that it could not justify refusing to issue an amended certificate following a lawful change of surname.
Judge Mazibuko distinguished between issuing a duplicate certificate and issuing an amended or corrected certificate following a lawful name change.
The court found that Unisa’s reliance on its duplicate certificate policy was misplaced.
Judge Mazibuko held that Ka-Mthokozisi was not requesting a duplicate certificate because his original had been lost, stolen, or destroyed. Instead, he was seeking a corrected or amended certificate to reflect his lawfully changed surname following a Home Affairs name change.
The judge explained that a duplicate certificate was fundamentally different from a corrected certificate issued after a legal name change.
The judgment noted that there was no evidence that issuing an amended certificate would compromise the integrity of the university’s academic records or that Unisa lacked adequate administrative systems to verify identities or maintain secure records.
On the contrary, the court found that the university already had mechanisms in place to issue replacement documentation where necessary.
The judge concluded that Unisa had failed to identify any statutory or regulatory provision preventing it from issuing an amended certificate following a lawful name change. As a result, the refusal was found to be arbitrary, unreasonable, irrational and inconsistent with the university’s own conduct in updating the applicant’s records.
“I could find no ground upon which Unisa cannot issue an amended degree certificate bearing his new surname,” Judge Mazibuko concluded before finding that Ka-Mthokozisi had established a proper case for the relief he sought.
In the final ruling, the court ordered Unisa to issue an amended LLB degree certificate reflecting the surname Ka-Mthokozisi as it appeared on his Department of Home Affairs identity document issued in December 2023.
Unisa was further directed to pay the applicant’s legal costs, including the costs of counsel.
