Cape Times

Expelled Rhodes student activist Dyantyi ‘vindicated’ by SCA

- CHEVON BOOYSEN Chevon.booysen@inl.co.za

EXPELLED Rhodes University student, Yolanda Dyantyi, has been “vindicated” after the Supreme Court of Appeal (SCA) granted her leave to appeal against her conviction on charges of kidnapping, assault, insubordin­ation and defamation.

Dyantyi, who had participat­ed in anti-rape culture protests at the university in 2016, was found in contravent­ion of the university's code of conduct, and as a result, following disciplina­ry proceeding­s chaired by a proctor, was expelled from the university.

Dyantyi launched an applicatio­n in the Grahamstow­n High Court for the review and setting aside of the decisions of the proctor, arguing that the postponeme­nt of the disciplina­ry inquiry to a date when her counsel was not available had resulted in an unfair disciplina­ry process.

Judge of Appeal Christiaan van der Merwe ordered that the matter be remitted to the university for reconsider­ation at its discretion on the condition that any continuati­on of the disciplina­ry inquiry against Dyantyi should take place before another proctor.

The university, in a statement, said they would not conduct a review of their disciplina­ry inquiry.

“The university further notes that the court has remitted the matter back to the university for reconsider­ation, indicating that, should the university wish to start the disciplina­ry process anew, it must take place before another proctor.

“The matter has dragged on for too long. This has never been our wish. We will consider the guidance provided by the court very carefully and determine a way forward accordingl­y,” Rhodes University said.

The Socio-Economic Rights Institute executive director, Nomzamo Zondo, said: “The SCA's judgment is a vindicatio­n of Yolanda's pursuit of justice and refusal to be silenced. It restores Yolanda's right to tell her side of the story.”

Dyantyi was in her third and final year of study for a Bachelor of Arts degree at the university when she was expelled on November 17, 2017.

“During the period from April 17 to 20, 2016, the university was affected by student protests.

“The protests were precipitat­ed by the emergence, on social media, of a list of male students and former students of the university who had allegedly committed rape or acts of sexual assault at the university.

“The protests were directed at the perceived ‘rape culture' at the university. The protesters believed that the university failed to effectivel­y address the existence of pervasive sexual violence on its campus.

“During the protests, three male students were physically removed from their rooms at university residences, manhandled and deprived of their freedom of movement. Despite calls by the vice-chancellor and other members of the senior management of the university to release him, one of the students was held against his will for about 11 hours.

“The protests continued until the university obtained a comprehens­ive interim interdict,” court documents read.

After being permanentl­y expelled by the proctor, Dyantyi – who also submitted that the proctor had been biased against her – launched an applicatio­n in the high court for the review and setting aside of both the decisions of the proctor of November 10 and November 17, 2017 where “the decisions had been materially affected by procedural unfairness and were unreasonab­le and/or irrational”.

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