Cape Town - Stellenbosch University has finalised its investigation reports into suspended student Theuns du Toit who was captured on video urinating on fellow black student Babalo Ndwayana’s study material, and the matter will now be referred to a disciplinary hearing.
The university suspended du Toit earlier this month, charging that expulsion and/or criminal charges were not excluded from the possible available options based on the investigation's findings.
He is also facing criminal charges of housebreaking, malicious damage to property and crimen injuria.
A petition calling for the expulsion of du Toit had reached over 100 000 signatures on Wednesday.
Ndwayana’s father, Mkhuseli Kaduka said they were patiently waiting for the law to take its course.
“We are just patiently waiting.
“For now we’ve heard nothing and today was just another day where we rested and did absolutely nothing.
“Babalo is doing well especially since he’s among his loved ones now at home in Mdantsane.
“We will start with counselling soon.
“Thus far the matter has been handled quite well by the parties involved but I still maintain that the police are dragging their feet in making an arrest,” said the father.
The university’s spokesperson Martin Viljoen said the institution's Equality Unit has finalised its report in the matter.
“The Equality Unit has expedited its investigation. It has finalised its report into the matter and the report with recommendations has been referred to the Office of Student Discipline.
“All cases are confidential, and the confidentiality of the complainant and respondent should be respected. A decision on whether the findings will be made public will be communicated in due course. The Confirmation of Temporary Suspension Hearing took place on Thursday 19 May 2022 – before a Central Disciplinary Committee (CDC) panel.
“The Student Discipline Code requires this hearing to take place within five working days after receipt of the temporary suspension letter by the implicated student. The purpose of this hearing is for the CDC to decide whether they confirm, amend or set aside the Rector’s decision to suspend the student pending the finalisation of the disciplinary proceedings. The temporary suspension pending finalisation of the disciplinary proceedings has been confirmed by the CDC on Thursday afternoon,” he said.
Viljoen added that the Office of Student Discipline has also finalised its investigation.
“The charge sheet has also been completed and sent to Mr Du Toit on Friday.
In terms of the provisions of the Student Disciplinary Code he had 72 hours to respond to the allegations. Thereafter the file must be forwarded to the chairperson of the CDC for a decision regarding the appropriate disciplinary channel. If the decision of the chair of the CDC is that the matter must be referred to a disciplinary hearing, we must give the student ten workdays notice of the disciplinary hearing in terms of the provisions of the Disciplinary Code,” he said.
Stellenbosch University (SU) Rector and Vice-Chancellor Professor Wim de Villiers said they are swiftly moving forward to set up an external Independent Commission of Enquiry into the incidences of racism and harassment at the university, headed by a respected judge.
“As part of this enquiry, we envisage a review of the campus culture in its entirety, coupled with a review and audit of our policies, operating procedures and responses. In addition, SU is creating a reporting hotline for students and staff to report acts of discrimination or violation of rights such as any incidents of racism, gender-based violence and harassment,” he said.