Stellenbosch University student Babalo Ndwayana, whose belongings were urinated on by a white student, Theuns du Toit, has accused the disciplinary committee hearing the matter of bias. Picture: Phando Jikelo/African News Agency(ANA)
THE Stellenbosch University (SU) has cited “complexities” as the reason its Central Disciplinary Committee (CDC) has yet to determine the outcome of suspended Theuns du Toit’s hearing.
Du Toit was filmed urinating on the belongings of a fellow student, Babalo Ndwayana.
SU spokesperson Martin Viljoen said the committee indicated that due to the complexity of the matter and the amount of evidence to be considered, they were 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. The CDC is an independent and objective, but closed committee of experts in line with the Disciplinary Code for Students of SU. Neither the composition nor the confidential internal proceedings are open to outside influence or speculation, in the interest of the rights of all involved,” he said.
The disciplinary hearing was held on the matter on June 22 before the CDC.
Du Toit also faces a criminal investigation after Ndwayana lodged a complaint against him with the police.
Ndwayana and his legal team had walked out of the hearing citing lack of objectivity from the panel.
Unisa Law Clinic principal Nomonde Gxilishe, representing Ndwayana said they believed the process was not “impartial”.
“Our client was invited to participate in the hearing as a witness. The details of the hearing were meant to be private, therefore their publications were premature. However, for the protection of our client’s reputation, we confirm that our client, in consultation with his legal representatives, has made an informed decision not to be part of the hearing. It is to be noted that only preliminary matters were dealt with prior to our client’s decision,” said Gxilishe.
Ndwayana’s father Mkhuseli Kaduka said they were disappointed by the slow process.
“We were expecting a long and protracted fight. It’s the disciplinary hearing that’s been a disappointment because the institution did promise a swift and decisive action but they’ve not shown any actions indicating that. With the criminal case even the police are dragging their feet in arresting the suspect but we will not tire and we shall see this fight to the end,” he said.
Cape Times