On 26 December 2022, Daphne Williams drafted her will, in which she established a
trust in her name – The Daphne Williams Education Trust. In her will and trust deed,
she stipulated that:
1. The trust money should be used to provide bursaries for deserving students of
any gender at Stellenbosch University (SU) who desire to complete their social
work studies in any of the universities in the United Kingdom, Ireland or the
United States of America on the condition that they return to South Africa for a
minimum of two (2) years after the successful completion of their studies.
2. The bursaries may only be awarded to deserving students of Black descent.
3. SU must determine which students qualify as ‘deserving’ and assist in
administering these bursaries.
Roger Naidoo and Emma Abrahams are penultimate year social work students at SU.
Roger and Emma both applied for the bursary, but their applications were
unsuccessful. When Roger and Emma requested to know why their applications were
unsuccessful, the administrator said that they “belong to the wrong race group as
Roger is of Indian descent and Emma of Asian descent.”
Roger and Emma speak to a law student who advises them to approach the High
Court to request that the trust provisions be declared unconstitutional and that the
words “…of Black descent” be struck from the trust deed.
SU contends that the trust aims to empower Black students by providing them with
educational opportunities overseas so that they can return to South Africa and use their education to advance their respective communities. SU further argues that
targeting Black students is not unconstitutional as it is a legitimate restitutionary
measure designed to advance those previously disadvantaged due to past Apartheid
laws.
Draft an essay in which you consider whether Emma and Roger would be
successful in their application to the High Court.
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