Stellenbosch University (SU) strongly condemns any form of racism, discrimination or other prejudice. Human dignity is non-negotiable at SU and must be respected and upheld. When such dignity is affected, it must be restored following due process, the rule of law, and the full extent to which the constitution protects the rights of all in our country. There is no place for racism or victimisation of any kind at SU.
The disciplinary hearing of Mr Theuns du Toit, following an incident at Huis Marais on 15 May 2022, was concluded on 23 June 2022. On 21 July 2022 the independent Central Disciplinary Committee (CDC) of SU found Mr Du Toit guilty of contravening clauses 3.1, 9.1, 9.3, 13.1 and 13.2 of SU’s Disciplinary Code for Students, which reads as follows:
3 The Values of Stellenbosch University
3.1 Stellenbosch University operates on a set of basic values which every Student is expected to respect and promote, and which informs the application of this disciplinary code. The values are Excellence, Accountability, Mutual Respect and Compassion. In addition hereto, current values adopted by Stellenbosch University and any variation thereof, shall be applicable to the application of this disciplinary code.
9 General Rules
9.1 No student shall, without good and lawful reason, wilfully 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.
9.3 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.
13 Premises and Property
13.1 A student shall not make use of, occupy, or enter any University premises without permission to do so.
13.2 A student shall not remove, make use of, damage or destroy any physical property, including emergency equipment, which belongs to the University, any member of the University community, or for which the University is accountable, without permission to do so and other than as a consequence of the ordinary and intended use of that property. If a student is found in possession of property which is known to have been stolen, such Student will be assumed to have committed misconduct under this rule unless the student is able to show that the property was acquired innocently.
Mr Du Toit was also found guilty of contravening the Amended Residence Rules with regards to:
7. Behavioural Matters
7.2.2. Students and residences 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.
These findings led the CDC to conclude that there is no alternative but to expel Mr Du Toit with immediate effect from the University. Once Mr Du Toit has received the reasons for the CDC’s decision, he has five workdays to file a notice of appeal, against the CDC’s finding and/or sanction.
All cases are confidential, and the CDC considered whether the findings would be made public, which it decided to do in this matter. In all these proceedings, the University follows its Disciplinary Code for Students of SU.
Good governance and processes are the backbone of a responsible, orderly and just society where no form of prejudice, discrimination, mob rule or unjustified reaction should be tolerated. As a well-governed institution, SU feels strongly that the just course of the law and regulations must always be followed to protect the interests and rights of both victims and alleged perpetrators. It provides for just, defensible and sustainable outcomes.
Commenting on the outcome, Prof Deresh Ramjugernath, SU Deputy Vice-Chancellor: Learning and Teaching, said that the CDC functions independently of the university’s management on disciplinary matters that it is hearing and in the sanctions that it hands down and that due process had thoroughly been adhered to, including detailed investigations that were conducted.
“The University viewed this case in a very serious light. This was evident in, amongst others, the original temporary suspension of Mr Du Toit from the University while also appointing Justice Sisi Khampepe to lead an independent commission of enquiry 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,” Prof Ramjugernath said.