Theuns du Toit acquitted of charges in Stellenbosch University 'urinating' incident

Former Stellenbosch University (SU) student, Theuns du Toit,  has been cleared of charges of  crimen injuria and malicious damage to property after he was acquitted this week.

This follows a three-year court case, which began when he was filmed urinating on a fellow student's belongings.

In a response to the outcome, the university said the process was fair and they considered it closed, while the Convocation said the court case and racial allegations damaged and injured the image of the university, as they called for an apology to Du Toit.

The video went viral on social media and made headlines in 2022, when an intoxicated Du Toit was caught on camera inside a room of the university’s Huis residence, urinating on the personal belongings of student, Babalo Ndwayana.

The Cape Argus has since reached out to both parties and patiently awaits their response to the court’s findings.

The publication has also reached out to the South African Human Rights Commission for their comment.

The court’s decision hinged on the fact that Du Toit was drunk and that the cases of crimen injuria and malicious damage to property could not be proven.

Du Toit made further headlines when he faced disciplinary action and was expelled from the university, which he challenged with an appeal, which was dismissed.

National Prosecuting Authority (NPA) spokesperson, Eric Ntabazalila confirmed the acquittal.

In a response to the court’s decision, SU said they accepted the findings and that all processes  were followed.

“The outcome of the University’s disciplinary process against Mr du Toit, including an internal appeal process, was already challenged in court, where the court found in favour of the University,” said SU.

“The University dealt with the incident at the time in terms of its Disciplinary Code for Students of SU and confirmed that due process was followed.

“Mr Theuns du Toit and his legal team challenged the outcome of the University’s disciplinary process in 2023 and the court dismissed du Toit’s application.  

“This outcome underscores the independence of the University’s Central Disciplinary Committee (CDC) and the Disciplinary Appeal Committee (DAC) which functions independently of the University’s management, and that the process was thorough and procedurally fair.

“As such the University considers the matter closed.”

Stellenbosch’s Convocation felt Du Toit’s image, including that of the university, had been tainted, claiming it was politically driven and an overreaction, and that he had made a mistake.

“The Convocation management feels that Theuns made a mistake, and does not want to condone it, but the overreaction of SU has had disastrous consequences. It is in particular the politicisation of it, and how SU turned it into a racial incident, that the court has denounced,” they said.

“The incompetence with which this saga was handled by the university has caused immeasurable damage to the reputation, image and even to SU’s attractiveness to funders and donors. It is a stain on the name of the university and the Convocation management expects that there should be consequences for those involved.

“How is it that a Central Disciplinary Committee and a Disciplinary Appeals Committee on a campus that is supposed to produce the country’s best lawyers can be so out of step with the proper courts?

"The evidence on the basis of which they publicly branded Theuns a racist could not have changed since then. The question is not only who sits on those committees, but also how they got there, what criteria were applied in their appointments and how does this relate to SU’s commitment to excellence

“Theuns’s acquittal calls for a thorough investigation into appointments at SU. When excessive political correctness and subservience to a race-obsessed state ideology stand in the way of the pursuit of excellence, death is in the bag for a university.”

They added that Du Toit’s career and social life had been ruined and that staff were also impacted by being slandered in the process and that they hoped the new rector would bring hope to the University again.

“The convocation is optimistic and hopeful that the new leadership will bring an end to the trend of ill-considered action, especially since Prof Deresh Ramjugernath, as Rector and Vice-Chancellor, settled the Wilgenhof issue out of court and negotiated a mutually acceptable outcome. He is not only accessible to the convocation, alumni and students, but also receptive to input and sensitivities. He has the university in the news again for all the right reasons,” they added.

“With the court ruling, however, SU owes Theuns du Toit, his family and friends, and his residence mates an apology. They owe the convocation an explanation for the irresponsible stirring up of artificial racial tension, and a plan for redress. Most alumni hope for a shift towards a more even and balanced approach to student life at Stellenbosch.”

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