Former Stellenbosch University student Theuns du Toit, who was caught on camera urinating on a fellow student’s belongings, has lost his appeal against his expulsion.
Du Toit was expelled in July after a disciplinary hearing found him guilty of the charges against him over the racist incident where he was filmed urinating on fellow student Babalo Ndwayana’s study material.
In May, Du Toit was caught on film urinating on Ndwayana’s property while the latter was asleep. When asked what he was doing, his alleged response was, “it’s a white boy thing”.
At the time, the university's independent Central Disciplinary Committee (CDC) found Du Toit guilty of contravening a number of the institution's disciplinary codes for students, including clauses 3.1, 9.1, 9.3, 13.1 and 13.2.
These clauses related to the values of Stellenbosch University, its general rules and behavioural matters.
Du Toit was also found guilty of contravening the amended residence rules, which state that students and residents should, at all times, act in such a manner that no discomfort or disturbance of peace is caused to the occupants or other residences in the area.
The committee now maintains that Du Toit may not return to the institution after he sought to challenge it.
"The permanent suspension of Mr Theuns du Toit from Stellenbosch University (SU) must be maintained, and he may not return to the university," the committee ruled.
The committee said after evaluating the available evidence, it found Du Toit's permanent suspension to have been an appropriate sanction for the offence.
In its 37-page ruling, the committee agreed with the CDC's decision to expel Du Toit.
"Therefore, we are of the view, like the CDC, that the conduct of Mr Du Toit undoubtedly assailed the human dignity, integrity and security of Mr Ndwayana; it was deeply humiliating, degrading and destructive of Mr Ndwayana's property," the ruling read.
The ruling to maintain Du Toit's expulsion comes after retired Constitutional Court Judge Sisi Khampepe released the findings of an independent inquiry into racism at the institution.
The independent inquiry formulated recommendations on how SU can improve its racial diversity, equity and inclusion. Judge Khampepe’s conclusions were drawn from interviews with staff and students.
Judge Khampepe called for SU to adopt a Transformation Charter that will be drawn up by various key stakeholders. She found that the university was stuck in an anti-transformation cycle.
kailene.pillay@inl.co.za
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