Cape Town - A lawyer representing former Stellenbosch University (SU) student Theuns du Toit, who was filmed urinating on a black student’s belongings, said his client believed he has been wrongly labelled a racist and wanted to fight to clear his name.
Du Toit was expelled from SU following a disciplinary hearing by the university’s independent Central Disciplinary Committee (CDC) in July last year.
In another bid to have his expulsion overturned, Du Toit has now approached the Western Cape High Court, asking for the decision by the CDC to be reviewed and set aside.
In his affidavit seen by the Cape Times, Du Toit said he was unfairly labelled as a racist.
“For example, despite the fact that it cannot be gainsaid that I was severely intoxicated, had absolutely no recollection of having been in Mr Ndwayana’s room and consequently of what I did there, the CDC’s judgment presupposes that I am a racist, that I had the necessary intent to act in a racist fashion and that the outcome of my actions was, objectively, viewed as a racist act.
“The CDC came to the conclusion that the second remark attributed to me that I had said when asked why I was urinating on Mr Ndwayana’s desk, something to the effect that it is ‘a white boy thing’, was an expression of racism which justified the decision to expel me.
“Notwithstanding the fact that when I was cleaning his room, I asked Mr Ndwayana what I did and said ... he did not know whether the statement attributed to me was motivated or whether something motivated me to say what I was accused of saying ..,” read the papers.
Du Toit’s lawyer, Dirk Van Niekerk, said his client did not want to be labelled as a racist, and wants to fight to clear his name.
“The aspect of the academic future of Theuns is indeed a major concern.
“However, I believe that the most important aspect of this review application deals with the fact that he has been wrongly accused and found guilty of racism, and has been wrongly labelled as a racist to such an extent that he has been cancelled by the general South African community.
“This, although his best friend is in fact a young black man, who continues to stand by Theuns and has supported him throughout this terrible ordeal,” he said.
By urinating on fellow student Babalo Ndwayana’s laptop and study material, Du Toit undoubtedly assailed his human dignity, integrity and security, the disciplinary panel found.
He was expelled with immediate effect from the university.
“A student shall not act in a manner that is racist, unfairly discriminatory, violent, grossly insulting, abusive or intimidating against any other person,” the panel said.
SU spokesperson Martin Viljoen said they were studying the contents of Du Toit’s application.
“The university received the application on Friday and is now studying the contents, while also obtaining legal advice to determine the next steps during the litigation process,” Viljoen said.
Ndwayana’s father, Mkhuseli Kaduka said Du Toit had shown no remorse.
“I stand with the university on the issue of his expulsion and I'll do everything in my power to support SU in this fight.
“He does not comprehend the trauma and difficulties he’s put on my son and my family in by his actions,” he said.
Cape Times