*The article has been updated on the 4th of August 2022*
A former Stellenbosch University (SU) student who was recently expelled from the institution has decided to appeal his expulsion.
This is according to William Fullard, the lawyer representing Theuns du Toit.
The notice of appeal was filed on 28 July, which was the last day on which the notice could have been filed, Fullard told MatieMedia via WhatsApp correspondence.
This comes after SU’s central disciplinary committee (CDC) made the decision to expel Du Toit with immediate effect on 21 July. According to a statement released by the university, the CDC found Du Toit guilty of contravening SU’s disciplinary code for students, as well as amended residence rules.
“We must provide a safe and inclusive environment for all our students and maintain a welcoming community where social cohesion is promoted to provide quality tertiary education,” said Prof Deresh Ramjugernath, SU deputy vice-chancellor of teaching and learning, in the university’s statement.
While he has been expelled from SU, “the CDC functions within the guidelines of the SU’s Disciplinary Code and cannot prescribe to other universities whether they can or cannot accept an application for study by Mr Du Toit”, according to Martin Viljoen, spokesperson for SU, via email correspondence with MatieMedia.
Theuns du Toit was found guilty of contravening clause 7.2.2 of Stellenbosch University’s (SU) amended residence rules, and clauses 13.1, 3.1, 9.1, 9.3 and 13.2 of the disciplinary code for students, according to a statement released by SU on 21 July. PHOTO: Tamara Wicomb
Du Toit’s representatives dismiss the findings
“[SU] failed and/or neglected to attach proper weight to the personal circumstance of the appellant during the sentencing process,” claimed Fullard.
“We acknowledge that anybody has the right to appeal decisions, given that all legal proceedings are followed fairly,” said Viwe Kobokana, chairperson of the SU student representative council (SRC), via email correspondence with MatieMedia.
The next steps in Du Toit’s appeal process would be for an appeal committee to be appointed and to have a hearing date supplied, said Fullard.
Fullard hoped for the appeals committee “to dismiss the finding that [Du Toit] acted in a racist manner and to afford him the opportunity to continue his studies at SU”.
Earlier this year, former Stellenbosch University (SU) student Theuns du Toit was found urinating on the belongings of fellow student Babalo Ndwayana’s room at Huis Marais, an SU residence. While he has been expelled from SU, “the CDC functions within the guidelines of the SU’s Disciplinary Code and cannot prescribe to other universities whether they can or cannot accept an application for study by Mr Du Toit”, according to Martin Viljoen, spokesperson for SU, via email correspondence with MatieMedia. PHOTO: Tamara Wicomb
‘A glimpse of hope’
“There is a glimpse of hope that has been restored,” stated the SU SRC in a recent statement.
“We are aware of the greater issues that still plague our institution, communities and the country. We will continue to work to develop strategies to combat and dismantle the system that enables such abhorrent behaviour as best we can,” said Kobokana.
“We welcome the verdict that the CDC made towards the case,” said Queen Majikijela, chairperson of the South African Students Congress Organisation. Having the university recognise that this was a racist act was appreciated, she said.
Majikijela hoped that this outcome would be a warning to potential racists. “We will not take such risks seated down – it will be met with resistance and maximum fight back,” said Majikijela.
After the news broke in May of this year that former Stellenbosch University (SU) student Theuns du Toit was found urinating on the belongings of fellow student Babalo Ndwayana, students gathered at SU’s Huis Marais residence to demonstrate. VIDEO: Asive Mabula