Cape Town - An independent student disciplinary tribunal at UCT has ruled that the suspension of student, Chumani Maxwele, be set aside “on technical grounds”.
Maxwele, who has been in the spotlight since he threw human excrement on the statue of Cecil John Rhodes on UCT’s upper campus in March, was given a provisional suspension order following an incident on campus last month.
The charges against him were based on statements and complaints made by a lecturer the day after the incident.
The provisional order was made final after a hearing and Maxwele then appealed this finding.
The appeal was heard by the tribunal on Thursday and it ruled that the suspension be set aside.
“The basis for the decision is that the person subject to a provisional suspension order is entitled to a hearing within 72 hours to argue why the order should not be confirmed or varied”, the university said in a statement.
The 72 hours had expired at noon on May 10 and the hearing had not been held by this time.
“The tribunal has thus ruled that the provisional order expired after 72 hours and that the final suspension order was thus invalid.”
But the matter is not concluded as the vice-chancellor’s nominee, who deals with such matters, intends to issue a new provisional suspension on Maxwele, followed by a hearing within 72 hours.
On Thursday Maxwele told the Cape Argus that the outcome of the appeal proved the strength of his case and showed that the presentation made on his behalf had been watertight.
“I’m very certain we will win the case.”
He said the university would not succeed in silencing him through intimidation.
According to a university statement, Maxwele is alleged to have insisted on being allowed into the mathematics building on May 1 after being informed that it was a public holiday and that all theatres and classrooms were locked.
Once inside the building he is alleged to have, among other things: shouted aggressively that “the statue fell; now it’s time for all whites to go”; stated that he was not interested in the opinion of whites and that they should be killed and started banging on a lecturer’s door and, when she opened it, to have pushed her in his attempt to enter.
Maxwele, who has laid a counter-complaint against the lecturer, said there had been a lack of action on the part of the university to investigate his complaint.
The university has indicated that Maxwele’s complaint was made 10 days after the incident and have rejected claims that the charges were politically motivated.
Cape Argus