Rhodes mulls way forward after court sets aside student's expulsion

Ernest Mabuza Journalist
Yolanda Dyantyi was permanently excluded from Rhodes University in 2017 after she was found guilty in a disciplinary hearing of kidnapping, assault, insubordination and defamation. File photo.
Yolanda Dyantyi was permanently excluded from Rhodes University in 2017 after she was found guilty in a disciplinary hearing of kidnapping, assault, insubordination and defamation. File photo.
Image: Supplied

Rhodes University on Tuesday  said it would consider the guidance provided by the Supreme Court of Appeal concerning one of its students and act accordingly.

The university made this remark after the SCA set aside the university's decision to expel  Yolanda  Dyantyi in November 2017.

In its judgment on Tuesday, the SCA also reviewed and set aside the university’s decision of October 2017  in which it convicted Dyantyi on charges of kidnapping, assault, insubordination and defamation.

The SCA remitted the matter to the university for reconsideration on condition that any continuation of the disciplinary inquiry against Dyantyi would take place before another proctor.

Dyantyi had been facing a number of charges following protests at the university directed at the perceived "rape culture" at the university.

The protestors believed that the university failed to effectively address the existence of pervasive sexual violence on its campus.

During the protests, three male students were physically removed from their rooms at university residences, manhandled and deprived of their freedom of movement.

Dyantyi was one of three students charged by the university.

The SCA ruled on Tuesday that the disciplinary process had been procedurally unfair after the proctor heading the process had denied her a postponement when her legal counsel had not been available to attend.

The hearing had continued in her and her legal counsel’s absence.

In its response on Tuesday afternoon, the university said the matter has dragged on for too long.

“This has never been our wish. We will consider the guidance provided by the court very carefully and determine a way forward accordingly,” the university said in a statement.

The university said it viewed any offence that involves sexual and or gender-based violence in a very serious light and deals with such offences with urgency.

“The university also recognises and supports the right to peaceful protest. We will, however, not condone vigilantism and violent crimes in furtherance of such protest.

"The necessary activism against gender-based violence cannot be used as a cover to operate outside of the constitution and violate other citizens’ rights,” the university said.

Nomzamo Zondo, Socio-economic Rights Institute (Seri) executive director said the SCA’s judgment was a vindication of Dyantyi’s pursuit of justice and refusal to be silenced.

“It restores Yolanda’s right to tell her side of the story,” Zondo said.

Seri represented Dyantyi in the legal proceedings. 

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