Cape Town - The Western Cape High Court has been hailed for dismissing a former Stellenbosch University (SU) student’s appeal against his expulsion over controversial "Nazi-based posters" which were distributed on campus four years ago.
Three posters appeared on campus in May 2017 - two of these invited the "Anglo-Afrikaner Student" to a meeting of the "New Right" and to "Fight for Stellenbosch".
The posters were direct copies of Hitler Youth recruitment posters.
Dean Dart who was a first-year student and two fellow students who had also participated in one or more aspects relating to the conceptualisation and display were found guilty of contravening the disciplinary code for students following a public outrage and a hearing.
According to the Student Disciplinary Code a student “shall not act in a manner that is racist, unfairly discriminatory, violent, grossly insulting, abusive or intimidating against any other person”.
The three students were required to complete 100 hours of community service before the end of the first semester of 2018.
Only Dart appealed the University’s Central Disciplinary Committee (CDC) decision and his applicant's appeal at the Disciplinary Appeal Committee ( DAC) was dismissed.
The CDC increased the sanction to one of immediate expulsion from the university.
Dart then approached the court in efforts to have the sanction of expulsion set aside, however he lost the battle as the court ruled in favor of SU last week.
The application was dismissed and it was ruled that parties shall each bear their own costs.
The university welcomed the judgment claiming it was a confirmation of SUs student disciplinary processes being correct and fair.
SU spokesperson Martin Viljoen said: “In accordance with its own policies and commitment to the Constitution of South Africa and while striving to be a diverse and inclusive institution, Stellenbosch University condemns racism, racial superiority and unfair discrimination as well as any attempt to polarise the campus in the strongest possible terms.”
Dart’s attorney, Marius Stenekamp, didn't respond to requests for comment by deadline.
SU’s Student Representative Council chairperson Xola Njengele said considering the residual impacts of racism on the country, and “where we'd like to go as a society, such racist agendas are not welcomed.”
“The outcome of this whole process shows that we are heading towards the right direction to ensure that we get a favorable society that basically caters to everybody.”
EFF provincial spokesperson Wandile Kasibe said the ruling has set an example to other students and tertiary institutions.
“We hope that this judgment will send out a strong message to other students and members of society that racism has no place in our society. As the party we commit ourselves to expose and fight racism in all its manifestations at all material times so as to restore the dignity of our people,” he said.
DA MP on Higher Education Chantel King it was important for universities to have a non racial and diverse approach.
“With Stellenbosch University still perceived by other people as a Afrikaner tertiary it was important for SU to show their position on issues like this that are still affecting the country. This signifies their willingness to come to the table, to allow other people of other races to form part of this university and to transform South Africa and move forward,” said King.
Black People National Crisis Committee national spokesperson Songezo Mazizi said: “As BPNCC we applaud the judgment and we speak against racism however cautious of thinking that the problem of racism can be dealt with through legal instruments such as expulsions and arrests. These don't end racism, but just pushes racists to the shadows. We believe that we deal with its roots dissuasively.”