‘Slim to none’ – legal expert on Theuns du Toit succeeding in expulsion appeal
Criminal law expert Ulrich Roux doesn’t believe an appeal by urinating student Theuns du Toit against his expulsion from Stellenbosch University has any prospect of success.
On Thursday, the university expelled Du Toit after an independent disciplinary committee found him guilty of contravening the disciplinary code for students.
This follows an incident, which was caught on camera and widely shared on social media, showing Du Toit urinating on the books and a laptop of a black student Babalwa Ndwayana in one of the residences.
Du Toit has indicated his intention to appeal the sanction.
But Roux says Du Toit cannot distance himself from the misconduct, as he confessed and apologised for the incident.
"When he enrolled as a student, he committed to abiding with the rules and the code of conduct of the university, and a disciplinary hearing found that he contravened the code of conduct. One needs to determine if the institution has an internal appeal process.
"If he does not meet the five days appeal deadline, he can approach the high court and take the decision on appeal and say the sanction imposed against him was too harsh, but I think his chances of succeeding in the application are very slim to none.
Meanwhile, Babalwa Ndwanyana legal representative Nomonde Gxilishe, who is from the University of South Africa Law Clinic, says his client is pursuing a civil claim against Du Toit.
"He has welcomed the decision and there is no way reversing what has happened to him, but justice needs to be served and the law must take its course and that is why there is a criminal complaint that is laid, and he is pursuing the civil action."
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