Cape Town - Stellenbosch University (SU) student Babalo Ndwayana’s family has hailed the institution’s decision to expel disgraced student Theuns du Toit after finding him guilty for his racist act of urinating on Ndwayana’s belongings.
Reacting to the decision, Ndwayana’s father, Mkhuseli Kaduka, told the Cape Times last night: “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.”
Du Toit was caught on video urinating on the belongings of Ndwayana at the university’s Huis Marais residence in May.
Ndwayana had detailed how he had woken up to Du Toit urinating on his study desk, damaging his laptop and study notes.
“It was a white boy thing,” Du Toit can be heard saying in the video after Ndwayana had asked him what he was doing.
Du Toit was then suspended after the matter was reported to the university for investigation, then transferred to a disciplinary hearing.
The disciplinary hearing found Du Toit guilty of contravening clauses of the university's Disciplinary Code for Students, including that: “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 Iimited to conduct which causes either mental or physical harm, is intended to cause humiliation, or which assails the dignity of any other person.”
SU deputy vice-chancellor for Learning and Teaching, Professor Deresh Ramjugernath, said the university viewed the case in a very serious light.
“This was evident in, among others, the original temporary suspension of Mr Du Toit from the university while also appointing Justice Sisi Khampepe to lead an independent commission of inquiry into alleged racism at SU.
“The university takes a zero-tolerance approach to racism, discrimination, prejudice and conduct which assails the dignity of another person.
SU management took note of the sanction imposed and will be studying the details of the CDC’s finding,” Ramjugernath said.
After receiving the university’s decision, Du Toit will have five work days to file a notice of appeal against the CDC’s finding and/or sanction, the university said. His legal representative, William Fullard, said they would appeal the outcome.
“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,” he said.
Du Toit is also facing a criminal investigation. “The police docket is still with the senior prosecutors for a decision. They must in other words determine if there is a prima facie criminal case against my client,” said Fullard.
Ndwayana’s legal representative, Nomonde Gxilishe, said: “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.
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. There is no way to describe how victims of such actions are impacted. We are pleased to see this historic decision being made within the university“..
An SU student who also opened up about being humiliated by a white student that allegedly urinated in his room said he was relieved that Ndwayana’s voice was heard. “I hope this will be a lesson to students who think they are superior to other students, to know that all students are equal. It also makes me relieved that they managed to reach such an outcome. What also makes me feel better is the fact that they are able to disclose the information, which they had failed to do for me,” said the student.
Cape Times