The Supreme Court of Appeal is deliberating on whether ex-Rhodes University student Yolanda Dyantyi was unfairly expelled from the university in 2017, just months before she was to graduate.
In 2016 Dyantyi was one of the university students involved in what was known as the #RUReferenceList protests. The list named students who were accused of sexual harassment and rape.
She was later expelled in a “lifetime ban” by the university after being found guilty of kidnapping, insubordination, assault and defamation of male students accused of rape. No criminal case was opened against her.
She would have been the first person in her family to graduate from university.
Dyantyi is appealing the decision of the Makhanda High Court in Makhanda which dismissed her review application to set aside the outcome of a disciplinary hearing process instituted by the university in 2017.
Adv Anne-Marie de Vos, who represents Dyantyi, and Adv Isak Smuts, who represents Rhodes University and vice-chancellor Sizwe Mabizela, argued about the disciplinary hearings leading up to her exclusion from the university.
De Vos told the court that Dyantyi was not given the opportunity to lay out her case and evidence at her disciplinary hearing. She said her lawyers were acting pro bono and were not available on the dates given by the proctor Adv Wayne Hutchinson.
“She was not going to have legal representation there, she did not boycott the proceedings. It would have been pointless for her to attend,” said De Vos.
But Smuts told the court that there was a limited time to do the disciplinary hearing and that Dyantyi's lawyers were not available because they wanted to go to a conference in New York which was seen as unacceptable by the proctor.
“Part of the unavailability was attributed to was because there was an attractive conference in New York, also the availability of the other respondent was a relevant concern,” he said.
Smuts said the date proposed by Dyantyi's lawyers was during a time when the university would be preparing for shutdown. He said Dyantyi chose not to attend the proceedings and was boycotting them.
This is a developing story.
Student fights 'unfair' expulsion by Rhodes in appeal court
Image: FILE
The Supreme Court of Appeal is deliberating on whether ex-Rhodes University student Yolanda Dyantyi was unfairly expelled from the university in 2017, just months before she was to graduate.
In 2016 Dyantyi was one of the university students involved in what was known as the #RUReferenceList protests. The list named students who were accused of sexual harassment and rape.
She was later expelled in a “lifetime ban” by the university after being found guilty of kidnapping, insubordination, assault and defamation of male students accused of rape. No criminal case was opened against her.
She would have been the first person in her family to graduate from university.
Dyantyi is appealing the decision of the Makhanda High Court in Makhanda which dismissed her review application to set aside the outcome of a disciplinary hearing process instituted by the university in 2017.
Adv Anne-Marie de Vos, who represents Dyantyi, and Adv Isak Smuts, who represents Rhodes University and vice-chancellor Sizwe Mabizela, argued about the disciplinary hearings leading up to her exclusion from the university.
De Vos told the court that Dyantyi was not given the opportunity to lay out her case and evidence at her disciplinary hearing. She said her lawyers were acting pro bono and were not available on the dates given by the proctor Adv Wayne Hutchinson.
“She was not going to have legal representation there, she did not boycott the proceedings. It would have been pointless for her to attend,” said De Vos.
But Smuts told the court that there was a limited time to do the disciplinary hearing and that Dyantyi's lawyers were not available because they wanted to go to a conference in New York which was seen as unacceptable by the proctor.
“Part of the unavailability was attributed to was because there was an attractive conference in New York, also the availability of the other respondent was a relevant concern,” he said.
Smuts said the date proposed by Dyantyi's lawyers was during a time when the university would be preparing for shutdown. He said Dyantyi chose not to attend the proceedings and was boycotting them.
This is a developing story.
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