The legal team of Theuns du Toit, who was expelled from Stellenbosch University for urinating on the belongings of fellow student Babalo Ndwanya last year, says their client harbours no racial tendencies.
Also read: Urination scandal: Theuns Du Toit expelled with ‘immediate effect’
Cape {town} Etc discount: Looking for things to do in the city at half the price? Let these great offers inspire you and fuel your imagination! Get them here.
The former student contested the university’s disciplinary committee and appealed the committee’s conclusions that he had engaged in racially insensitive conduct when a video showed him urinating on Babalo Ndwayana’s belongings.
Du Toit’s advocate, Jan Heunis, presented arguments in court, firmly asserting that his client’s actions were not motivated by any racial prejudice, News24 reports.
Heunis elaborated, ‘Everyone who testified during the disciplinary hearing said this was not a racist incident. Those who know Mr Du Toit said he did not have a racism bone in his body.’
‘Even Mr Ndwanyana had said the incident was not racist.’
Throughout the court proceedings, Heunis focused on undermining the initial findings of the Central Disciplinary Committee (CDC) against Du Toit.
In July, the CDC issued a decision to expel Du Toit and also called for Stellenbosch University to investigate the failures of student leaders in the 76-year-old residence, Huis Marais, renowned for its history of racism, excessive drinking and disruptive conduct.
Also read: #Stellenbosch – victim of urination incident presses criminal charges
The CDC also found Du Toit to be exhibiting racial behaviour when he uttered the phrase ‘it’s a white boy thing.’
As per Ndwayana’s claim, Du Toit reportedly stated, ‘It is a white boy thing’ when asked about his actions while urinating on Ndwayana’s possessions.
Heunis contended that the CDC’s findings were flawed due to conflicting accounts regarding whether Du Toit actually said, ‘It’s a white boy thing.’
‘Mr Du Toit acknowledges that urinating on Mr Ndwayana’s belongings has caused mental harm. But the CDC could not reasonably conclude that the statement ‘it’s a white boy thing’ was made by Du Toit.
Heunis told the court that Du Toit denied making the comment and argued that the witness who testified at the disciplinary hearing did not hear him say it.
In court, Heunis asserted that Du Toit denied making the statement and argued that the witness who testified at the disciplinary hearing did not hear him say it. He contended that the CDC made a mistake by giving more weight to Ndwayana’s account, especially considering that Ndwayana had stopped participating in the proceedings, claiming a lack of fairness and bias within the panel.
‘Mr Ndwayana received a perception that he would not receive a fair hearing before the CDC. His version would be shown to be untrue should he have testified.’
Heunis asserted that Ndwayana’s account of the incident evolved during media interviews.
He added, ‘There are inconsistencies in his version of events. According to the video, Mr Du Toit did not speak at all.’
The case continues today.
Explore Cape Town and its surroundings with these incredible deals on cars for under R100 000. Find car listings here.
Also read:
Stellenbosch University hit with another “urination scandal”
Picture: @insightfactor / Twitter
