Cape Argus

Expulsion of two Rhodes anti-rape activists welcomed

- Yolisa Tswanya

EDUCATION activist Hendrick Makaneta has welcomed the expulsion of two students who participat­ed in controvers­ial anti-rape activities at Rhodes University.

Yolanda Dyantyi and a group of other female students took action against four male students suspected of rape at the university last year.

The university sued Dyantyi and two other female students, the Student Representa­tive Council and a large number of other students for what the institutio­n called “engaging in unlawful activities on campus”. The university banned those involved for life.

Makaneta said he welcomed the ban and that genuine student struggles needed to be separated from acts of criminalit­y.

“These students were expelled for leading a vigilante mob during which they held men hostage. No matter how aggrieved they are, they cannot take the law into their own hands. If that happens as it did, the law must take its own course. Everyone is deemed innocent until proven guilty by a court of law.”

He said the anti-rape activists committed acts of illegality in the name of campaignin­g against gender-based violence.

“The strong message that must be sent to society is that no one is above the law. People must protest peacefully without infringing on other people’s rights.

“We must accept that the students were found guilty of kidnapping, assault, defamation and insubordin­ation. These are serious charges which in our view warrants not only expulsion but being banned for life from the university.

“For the first time, we want to agree with Rhodes University on the action they have taken.”

Meanwhile the Socio-Economic Rights Institute (Seri) acting on behalf of Dyantyi, said it would launch a High Court applicatio­n to review and set aside the disciplina­ry proceeding­s.

“Seri believes the university’s treatment of Ms Dyantyi has been disproport­ionate, unfair and unlawful,” the institute said in a statement, adding that the effect of the order was to ban any campus protest.

In December 2016, relying on submission­s advanced by Seri on Dyantyi’s behalf, the High Court in Grahamstow­n dismissed the university’s applicatio­n for such an order.

“The High Court did, however, grant a narrower interdict against Ms Dyantyi and two other women students, restrainin­g them from kidnapping, assaulting, intimidati­ng any person on campus, disrupting classes or destroying property.”

The institute said Dyantyi and the two other students applied for leave to appeal against the interdict, on the basis that it had not been establishe­d that they participat­ed in any of the activities.

Their applicatio­n for leave to appeal was refused by the Supreme Court of Appeal, and by the Constituti­onal Court.

PEOPLE MUST PROTEST PEACEFULLY WITHOUT INFRINGING ON OTHER PEOPLE’S RIGHTS

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