Two senior members of UCT's student representative council (SRC) who were suspended after being accused of rape and sexual harassment have been cleared of charges.
SRC secretary-general and former EFF student command chairperson Sinawo Thambo had been accused of raping a student. Pan-Africanist Student Movement of Azania member and undergraduate academics co-ordinator Masixole Mlandu was alleged to have sexually harassed a student.
Yesterday, UCT spokesperson Elijah Moholola said a preliminary inquiry into allegations of sexual violence and harassment against the two found the evidence did not support the allegations and there is, at this stage, not enough prima facie evidence to proceed.
“We do not have a statement from the complainant. We have investigated all the hearsay evidence," he said.
'We have taken affidavits from the parties to whom the complainant reported the incidents and a third-party witness to one of the incidents."
While the SRC said it has yet to make a decision, Moholola said there was no basis for the suspension to continue.
“Despite several attempts, the investigations office has to date been unable to obtain a statement from the complainant.
"The investigator will continue attempting to obtain the statement. If and when such a statement is received, the legal counsellor will evaluate the evidence and consider whether there is a prima facie case to pursue,” he said.
Moholola said none of the available evidence suggests that they should be charged and, therefore, will not be proceeding with charges against Mlandu and Thambo.
“In both cases, the university reserves the right to charge and prosecute the alleged perpetrators should the evidence from the complainant suggest that there is a prima facie case against them or should new evidence emerge.
"Until such time, the cases are closed,” he said.
SRC deputy president Khululwa Mthi told the Cape Times that no decision has been made with regards to the suspension.
“We have just learnt of it and we are as shocked as everybody else.
"We will have to set up a meeting when we resume classes and discuss whether they are coming back or not. We cannot make those decisions at the moment.”