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Victim in Stellenbosch University urine incident walks out during disciplinary hearing

Babalo Ndwayana, a Stellenbosch University student and victim of racism at the institution, walked out of the disciplinary hearing into the urination incident. Picture: Phando Jikelo/African News Agency(ANA)

Babalo Ndwayana, a Stellenbosch University student and victim of racism at the institution, walked out of the disciplinary hearing into the urination incident. Picture: Phando Jikelo/African News Agency(ANA)

Published Jun 24, 2022

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Cape Town - Stellenbosch University (SU) has concluded its two-day disciplinary hearing into the urination incident at an on-campus residence, but the victim appears despondent over the process.

Last month, Theuns du Toit, an inebriated white student, was captured on video footage urinating on the belongings of first-year student Babalo Ndwayana in a dorm room at the Huis Marais residence.

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The incident sparked several anti-racism protests on campus, with Du Toit since suspended from the campus.

His confidential and independent disciplinary hearing took place before the Central Disciplinary Committee (CDC) on Wednesday and yesterday. On Wednesday Ndwayana and his legal representation walked out over an apparent “flawed” process.

Yesterday’s hearing ended with closing arguments presented on behalf of the university and Du Toit, SU spokesperson Martin Viljoen said.

“The CDC indicated on Thursday afternoon that due to the complexity of the matter and the amount of evidence to be considered, they are not able to provide an outcome as of yet. They will take time to consider the evidence and provide a written outcome. A date for when this process will be completed is not available yet.”

Last month, Theuns du Toit, an inebriated white student, was captured on video footage urinating on the belongings of first-year student Babalo Ndwayana in a dorm. Picture: Facebook

Ndwayana has since opened cases of housebreaking, malicious damage to property and crimen injuria with the police. His father Mkhuseli Kaduka said it was because the disciplinary process was flawed that his son and legal representative had walked out.

Ndwayana’s legal representatives made an application for observer status last week with its application denied. At the start of the hearings, the chairperson allowed special compromise for both Ndwayana and Du Toit to one observer each during the hearing.

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Although not present himself, Kaduka said that du Toit’s father was present.

Viljoen said Du Toit’s father’s observer application was initially refused but he was granted observer status and that the option was open to Ndwayana too.

Kaduka could not comment further on the hearings, as the matter was still being dealt with.

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Kaduka said his son was now very confused with the whole process.

“One would have thought that the university had committed that they would deal with this decisively, but now it seems that there are pitfalls along the way.”

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