Problem
The Royal College of Nursing (the College) is the only nursing school in the country. It is designated as a State-Owned Enterprise (SOE). Each year, it admits 60 students from over 1000 applications. The Council is the supreme governing body of the College. Regulation 5 of the College's regulations provides that: "The College reserves the right to refuse an application for reasons that the Council of the College in its absolute discretion deem fit." Jane applies to the College for a place, but the Admissions Committee denies her a place for the next academic year because her hair is died blue. In a separate incident, the Chairman of the Admissions Committee refers Kelly's application for consideration by the Principal of the College, who refused it. In yet another separate incident, the Admissions Committee, on the instructions of the Principal, refused Melinda's application. The College regulations provide that any determination by the Council that any application be refused pursuant to Regulation 5 shall not be called in question in any court of law. The College awards the Nightingale Scholarship to the top student in each graduating year. John is denied the scholarship because the Scholarship Committee believes that he was the beneficiary of prior exposure to the final examinations. No investigation was carried out and the Principal of the College discovered no evidence when he decided not to award the scholarship to John.
A. Are the decisions taken in each of the instances taken in the given set of facts reviewable under Article 18 of the Namibian Constitution? (do not discuss the any grounds of review pertaining to lawfulness, reasonableness, or fairness).
B. Advise Jane, Kelly, Melinda, and John on a ground of review upon which each of them could respectively challenge the decision affecting them in the given set of facts.
C. Discuss why the College regulations excluding judicial review will not muster a constitutional challenge.