‘Stellenbosch University Urinator’ loses court case
Former Stellies student argued that he was drunk at the time when he urinated on a black students belongings.
Expelled first year Stellenbosch University law student Theuns du Toit has lost his court case at the Western High Court to have his expulsion overturned.
Du Toit was expelled in July last year after a viral video taken in May, shows him urinating on a desk, books,laptop and other belongings of a black student, Babalo Ndwayana.
Ndwayana was asleep in the early hours of Sunday morning, and was woken up sounds in his room. When switching on his light found du Toit reaching for his desk.
A fellow student appeared at the door and advised Ndwayana to record what was happening.
DU TOIT CAUGHT ON CAMERA
In the video, Ndwayana repeatedly asks du Toit what he’s doing, which he eventually responds with ‘waiting for someone, boy’.
SOUTH AFRICA INSTITUTIONALISED RACISM-UNIVERSITY of STELLENBOSCH-White student urinating on a BLACK student’s bed,books & laptop. EDUCATION is how APARTHEID-ERA CRIPPLED us as black ppl & now their seeds are doing it within the uni.
— 🅿🅰🅽 🅰🅵🆁🅸🅲🅰🅽🅾 (@PanAfricology) May 16, 2022
Theuns Du Toit that's his name to shame#BLM pic.twitter.com/iwXkaoJxkF
In his application du Toit asked the court set aside the decision by the university’s Central Disciplinary Committee (CDC) which found him guilty of trespassing, urinating on a students belongings and making a racist statement.
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Du Toit’s reasoning for the dismissal is on a basis of being drunk at the time of the incident.
THE JUDGEMENT
However in her judgment Judge Rosheni Allie, dismissed du Toit’s application and found that du Toit’s defense of not being in control of his actions due to being intoxicated to be not valid.
“It is the evidence of the Applicant that he usually blanks-out when he is intoxicated. That was stated as a reaction that Applicant has to the consumption of alcohol that is well-known to him”, says Judge Allie.
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“Why then, one asks rhetorically, would the Applicant consider it appropriate to consume alcohol in excess, when he knows there is a reasonable likelihood of him blanking out and not remembering his actions” she says.
“Applying an objective and contextual approach to the common cause conduct of urination, clearly the Applicant’s subjective state of mind at the time when he urinated, is not relevant.”
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“I find no grounds upon which this Court is empowered to substitute its decision for that of the DAC or the CDC”
Du Toit has also been ordered to bay the university’s legal fees.