Former Rhodes University student Yolanda Dyantyi has been vindicated by the Supreme Court of Appeal (SCA) which set aside her 2017 expulsion.
In 2016 Dyantyi was one of the 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 despite not being given an opportunity to testify. No criminal case was opened against her.
After lengthy battles with the help of the socioeconomic rights Institute of SA, her case was taken to the SCA which heard the matter in February.
Dyantyi's lawyers told the court that she was not given an opportunity to testify in her disciplinary hearing which was headed by Adv Wayne Hutchinson, and that the hearing went on without their involvement.
On Tuesday, the SCA upheld the appeal with costs and set aside the kidnapping, defamation, assault and insubordination charges.
“Secondly, the proctor held that from the outset Ms Dyantyi had no intention of testifying in her own defence. This finding was gratuitous and wrong. Ms Dyantyi's legal representatives repeatedly stated without question that she would testify and she had not been called upon to answer such a proposition,” read the judgment.
The court also said Dyantyi's lawyers were not allowed a postponement for when they were available to defend Dyantyi as she is legally entitled to.
“In the light of the findings of the proctor in respect of credibility and otherwise, the disciplinary hearings should not continue before him,” read the judgment.
SCA sets aside ex Rhodes student Yolanda Dyantyi's 2017 expulsion
Image: FILE
Former Rhodes University student Yolanda Dyantyi has been vindicated by the Supreme Court of Appeal (SCA) which set aside her 2017 expulsion.
In 2016 Dyantyi was one of the 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 despite not being given an opportunity to testify. No criminal case was opened against her.
After lengthy battles with the help of the socioeconomic rights Institute of SA, her case was taken to the SCA which heard the matter in February.
Dyantyi's lawyers told the court that she was not given an opportunity to testify in her disciplinary hearing which was headed by Adv Wayne Hutchinson, and that the hearing went on without their involvement.
On Tuesday, the SCA upheld the appeal with costs and set aside the kidnapping, defamation, assault and insubordination charges.
“Secondly, the proctor held that from the outset Ms Dyantyi had no intention of testifying in her own defence. This finding was gratuitous and wrong. Ms Dyantyi's legal representatives repeatedly stated without question that she would testify and she had not been called upon to answer such a proposition,” read the judgment.
The court also said Dyantyi's lawyers were not allowed a postponement for when they were available to defend Dyantyi as she is legally entitled to.
“In the light of the findings of the proctor in respect of credibility and otherwise, the disciplinary hearings should not continue before him,” read the judgment.
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