The now expelled Stellenbosch University student, Theuns du Toit, is given five days to appeal his expulsion over the urine incident.
Recap: on 15-May, du Toit was caught on camera urinating on first-year Agriculture student Babalo Ndwanwa’s desk and possessions. The following Monday, du Toit was suspended from attending university and faced criminal charges over the incident. The video caused outrage, resulting in on-campus protests accusing the university management of racism as petitions started circulating demanding that du Toit be expelled from the university.
The university’s disciplinary committee officially decided to expel du Toit for the urine incident on 21 July. Theuns du Toit was found guilty of breaching the university’s disciplinary code of values regarding racism and prejudice, entering premises without permission and urinating in a fellow student’s room and on his belongings.
A clause from the university’s code of conduct states:
“… no student shall, without good and lawful reason, willfully engage in any conduct which adversely affects the University, any member of the University community, or any person who is present on the University campus at the invitation of the University.”
Another clause from the code of conduct:
“A student shall not act in a manner that is racist, unfairly discriminatory, violent, grossly insulting, abusive, or intimidating against any other person. This prohibition extends but is not limited to conduct which causes either mental or physical harm, is intended to cause humiliation, or which assails the dignity of any other person, premises and property. A student shall not make use of, occupy, or enter any University premises without permission to do so.”
Based on the above, du Toits actions were strongly condemned by the university and was found guilty of violating the university’s disciplinary code for students.
Stellenbosch University’s Deputy Vice-Chancellor for Learning and Teaching, Professor Deresh Ramjugernath, stated that they followed all precautionary proceedings before expelling du Toit. The professor stated that the committee had no alternative but to expel du Toit. He reassured the university does not condone any form of discrimination. The Vice-Chancellor said in an interview with SABC News:
“The university has a zero-tolerance approach to racism, discrimination, prejudice and conduct which affects the dignity of another person. Management takes note of the sanction imposed and will be studying the CDC’s findings.”
Stellenbosch University urine incident victim walks out of hearing
Babalo Ndwayana, who was the victim of having his possession urinated on, walked out of du Toit’s disciplinary hearing on Wednesday.
In an interview with News24 Ndwayana’s lawyer, Nomonde Gxilishe said the Stellenbosch University student was not satisfied claiming that the panel appointed “was not objective”.
There are also claims that after the urine incident, du Toit’s father, Rudi, reached out to Ndwayana’s father, Mkhuseli Kaduk, to apologize and promised to discuss the matter in a meeting with him. But apparently, the meeting never happened, and du Toit’s father has not reached out since.
Ndwayana’s Father, Kaduk, reacted to the news of du Toits’s expulsion:
“As a family we are very ecstatic and we welcome the decision. We have been calling for Du Toit’s expulsion and we are very happy. We would also like to put it on record that this is only the beginning and we are going to take this further.”
Will Du Toit file an appeal?
After the university’s decision, du Toit is given 5 days to file a notice of appeal against the CDC’s ruling.
du Toits’ legal representative, William Fullard, has confirmed that they would move forward with an appeal. The lawyer stated:
“We are disappointed but we have received a notice to appeal and we are working on that process. We will file a notice of appeal in the next five working days. We are also still in the middle of studying the judgment,”
Ndwayana’s legal representative responded to the appeal with:
“We are not ignorant of the fact that the decision may still be appealed and we trust that this is not a tactic by the university to calm the waters in the interim. This is the only way that matters of this nature should be dealt with.”
Gxilishe further went on to express:
“The light weight that seemed to be attached to this case earlier by the University Disciplinary Committee placed an impression that such actions are normal within the university. We pride ourselves as a centre of excellence and one that advances the protection of the human rights of the marginalised African people. We advocate for harsh action against perpetrators of racism.”
Ahead of the university’s disciplinary committee’s guilty ruling and decision for expulsion, du Toit is also currently facing a criminal investigation. The police investigation is still ongoing.