Rhodes holds firm in face of protests over student’s expulsion

RHODES University said while it recognised and supported the right to protest, it would not condone violence.

This follows the EFF’s appeal to “bring the authorities of the university to their senses” as former student Yolanda Dyantyi fights to have her expulsion overturned.

The university said it noted with grave concern a statement by the EFF that it would endeavour with strength and resources at the party’s disposal to bring the university to account, following Dyantyi’s lifetime expulsion.

In November 2017, the institution permanently expelled 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 Eastern Cape Division of the high court in Grahamstown to set aside the outcome of the disciplinary hearing in a review application.

In March, the high court dismissed her 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.

The matter between Dyantyi and the university was heard on Friday in the high court, with judgment expected on Thursday.

In a statement, the EFF said Dyantyi was never given the opportunity to cross-examine her accusers and rigorously test their evidence.

EFF spokesperson Vuyani Pambo said they would assist Dyantyi in fighting to the highest court in the land.

“It is appalling that the university elects to litigate at great costs against a girl child of 19 years then their litigation costs run into many millions, monies that could have been invested in the fight against rape culture in the institution.

“We call on society and members to relay to the university our collective discomfort on this development and plead for sanity, failure of which, the anger and anguish of the nation should be unleashed against the university without further notice,” Pambo said.

The university said it recognised and supported the right to peaceful protest, but would not condone serious violent offences.

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

“Ms Dyantyi had earlier made a similar claim in a review application to the Grahamstown High Court where she contended that the university had denied her the right to a fair hearing. The high court dismissed the application with costs,” it said.

Dyantyi said she was overwhelmed by the support she had received from the public.

“There’s a lot of solidarity and I am moved by it. It’s been really tough, in and out of court. We hope justice will prevail,” she said.