Former Rhodes student’s bid to overturn her expulsion postponed

A FORMER Rhodes University student’s bid to have her expulsion from the institution overturned has been postponed to Friday.

In November 2017, the institution permanently expelled Yolanda Dyantyi, then 19, after she was convicted of kidnapping, assault, defamation and insubordination by a disciplinary inquiry instituted by the university.

This after Dyantyi and other students embarked on protest action to expose male students accused of sexual assault or violence against women at the university, culminating in the #RUReferenceList movement. A list of alleged perpetrators was anonymously published on social media.

In December last year, Dyantyi approached the Grahamstown High Court to set aside the outcome of the disciplinary hearing in a review application.

In March, the high court dismissed her review application and ordered her to pay the university’s costs.

In April 2020, The Socio-Economic Rights Institute of South Africa (SERI) filed Dyantyi’s application for leave to appeal, primarily submitting that the court erred in failing to consider her argument that the postponement of her disciplinary hearing to a date when her legal representatives were not available had resulted in an unfair disciplinary process.

Rhodes University has opposed the application.

SERI executive director, Nomzamo Zondo said Dyantyi was convicted by a disciplinary inquiry, which was procedurally flawed.

“The punishment meted out was grossly prejudicial. The terms of her expulsion have made it practically impossible for her to enrol in any other higher education institution for the foreseeable future. Rhodes University charged Dyantyi in March 2017, almost a year after the protest.

“The disciplinary inquiry sat between June and October 2017. However, the university’s appointed proctor postponed the portion of the inquiry pertaining to Dyantyi’s case to a date on which her legal representatives were unable to attend, making it impossible for Ms Dyantyi to present her case or to continue participating in the proceedings,” she said.

Dyantyi said she was fighting for her right to a fair trial.

“The university, through the vice-chancellor’s orders, has done all it can to silence me and hold me accountable for acts I was not given the opportunity to contest. Much like the accused rapists who were given an opportunity to testify as witnesses on behalf of the university, I should be given that opportunity too,” she said.

University spokesperson Velisile Bukula said the matter was previously handled by the Grahamstown High Court and the university could not second-guess the court.

The university previously said the publication of the #RUReferenceList names was so widespread that it became a constant talking point on the campus and eventually led to the kidnapping of several male students in April 2016 by a group of students led by Dyantyi.

“The punishment meted out was grossly prejudicial Nomzamo Zondo SERI executive director