[Image: Wiki Commons]
Theuns du Toit, the former Stellenbosch University student involved in the 2022 urination incident, is considering instituting a civil claim against the university after he was acquitted on two criminal charges on Tuesday in the Stellenbosch Magistrate Court.
In May 2022, Du Toit was filmed urinating on the belongings of fellow student Babalo Ndwayana at the Huis Marais residence. The incident, which was captured on video, led to widespread outrage and protests on campus, with many accusing the university of racism.
The university’s Central Disciplinary Committee (CDC) found Du Toit guilty of violating several clauses of the institution’s disciplinary code, including contravening residence rules and breaching the university’s values. Consequently, he was permanently expelled.
Du Toit approached the Western Cape High Court to challenge the expulsion, arguing that his actions were influenced by excessive alcohol consumption, which caused him to black out. However, Judge Rosheni Allie dismissed this defence, stating that Du Toit was aware of his tendency to black out when intoxicated and chose to consume alcohol excessively despite this knowledge.
Du Toit’s legal counsel, Dirk van Niekerk, told News24 that the university was “sitting with egg on their face”, and that they “acted recklessly”.
“They found him guilty without thoroughly verifying the evidence. Ndwayana’s statements were never tested. Academics and law professors on the disciplinary panel didn’t comprehend his drunkenness.”
Van Niekerk added that the state could not prove that his client acted with criminal intent or that Ndwayana’s property was damaged.
In 2023, Du Toit’s father, Rudi du Toit, said that they engaged a forensic sound engineer from Traxtudio Forensics to review the tape of the incident, during which his son allegedly commented, “it’s a white boy thing” after urinating.
“Babalo submitted his first affidavit, saying Theuns said ‘it’s a white boy thing’ when he asked why he was urinating on his belongings. Two days later, Babalo handed in his second affidavit saying Theuns uttered the words, ‘It’s a white boy thing,’ after he stopped recording the video.”
“A witness who was present later testified he did not hear Theuns saying that. This witness also testified that when Babalo stopped recording the video, Theuns turned around and walked out without saying anything further. This is where Babalo’s second affidavit doesn’t make sense,” Du Toit senior said.
Stellenbosch University was not part of Tuesday’s court proceedings but said, “The university had dealt with the incident in terms of its disciplinary code for students at SU and confirms that due process was followed.”
In a statement, it said that the dismissal of the appeal in the Cape High Court underscored the independence of the university’s Central Disciplinary Committee and Disciplinary Appeals Committee, which functions independently of the university’s management.
“As such, the university considers the matter closed.”
Ndwayana’s family told News24 that they found the dismissal of criminal charges disappointing, but would consult with their attorneys on further steps. According to Ndwayana’s father, the student found it difficult to “get over” the incident and has since dropped out of university.
The FF Plus chipped in on Tuesday’s ruling, saying that there was no doubt the incident was reprehensible, but there was still doubt over whether the incident was racial.
FF Plus MP, Dr Wynand Boshoff, said that the party is at least glad the latest ruling means Du Toit can go on with his life without being labelled a contemptuous racist.
Although Du Toit has expressed regret on several occasions and has issued an apology to Ndwayana, there is still plenty to debate around institutional culture and student conduct within our universities.
