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Stellenbosch University has expelled Theuns du Toit for urinating on Babalo Ndwanyanya’s belongings at Huis Marais student residence in May.
Following the incident that Ndwanyanya captured on video, the university suspended Du Toit.
It then began a disciplinary process and appointed retired Constitutional Court judge Sisi Khampepe to lead an independent commission of inquiry into alleged racism at the institution.
The disciplinary process was concluded last month.
In a statement on Thursday evening, the university said following its conclusion of the disciplinary hearing, it had found Du Toit guilty of contravening several clauses of the disciplinary code for students.
“These findings led the CDC [central disciplinary committee] to conclude that there was no alternative but to expel Mr Du Toit with immediate effect from the university. Once Mr Du Toit has received the reasons for the CDC’s decision, he has five workdays to file a notice of appeal against the CDC’s finding and/or sanction.”
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Ndwanyanya’s father, Mkuseli Kaduka, who had been adamant that he wanted justice for his son, told City Press in a text on Thursday: “We welcome the decision to expel Du Toit.”
One of the rules that Du Toit was found to have contravened and therefore guilty of was destroying the physical property of Ndwanyanya without permission to do so.
He was also found guilty of contravening the amended residence rules. He broke rule seven, behavioural matters, which states that students should “at all times act in such a manner that no discomfort or disturbance of peace is caused to the occupants or other residences in the area”.
The CDC found that Du Toit had also broken clause 9.3 of the general rules, which reads:
“This prohibition extends but is not limited to conduct which causes either mental or physical harm, is intended to cause humiliation, or which assails the dignity of any other person.”
In its statement, the university said that “human dignity was non-negotiable” at the institution and that it condemned all acts of racism, discrimination and prejudice.
“When such dignity is affected, it must be restored following due process, the rule of law, and the full extent to which the Constitution protects the rights of all in our country. There is no place for racism or victimisation of any kind at SU.”
The university’s deputy vice-chancellor of learning and teaching, Professor Deresh Ramjugernath, said all processes, including detailed investigations, had been followed before the university arrived at its decision.
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Du Toit, just like Ndwanyanya, was a first-year student at the institution.
The video caused an uproar in the country. Students from the university protested, calling for Du Toit’s expulsion.
Higher Education Minister Blade Nzimande at the time said the incident was a “blatant racist act”, and cautioned the university “not to provide a sanctuary to racists”.
The Council on Higher Education said the act was “barbaric” and “grossly demeaning”.
