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Theuns du Toit trial postponed to next year

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Theuns du Toit trial postponed to next year

5th December 2023

By: News24Wire

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The case against former Stellenbosch University student Theuns du Toit has been postponed to February next year for further investigation. 

Du Toit was caught on camera urinating on first-year student Babalo Ndwayana's desk, laptop and books last year.

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The incident sent shockwaves through the campus community, sparking protests and students accusing the university management of racism.

Ndwayana laid a complaint against Du Toit at the Stellenbosch police station following the incident. 

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Du Toit, accompanied by his father Rudi and other family members, made a brief appearance in the Stellenbosch Magistrate's Court on Tuesday morning, facing charges of malicious damage to property and crimen injuria.  

He appeared in court dressed in a crisp white shirt and a pair of tan pants. 

His legal representative asked the magistrate to postpone the matter in order for him to study the docket. 

The court postponed the matter to February for further investigation. 

Du Toit's father said last month that they had received an indication from the National Prosecuting Authority (NPA) that it had decided to bring criminal charges against the former Stellenbosch student.

Speaking outside the Stellenbosch Magistrate's Court, he said: "It has been difficult, but we have kept pushing ahead."

He added that they had taken the university disciplinary committee's findings on review after "the committee found Theuns guilty of racism based on probability, and not all the conclusive evidence".

The Western Cape High Court has dismissed Du Toit's legal bid to review and set aside the decisions of the university's disciplinary committee and appeal disciplinary committee to expel him.

Du Toit challenged the university's decision to expel him in July after he was found guilty of contravening several clauses of the institution's disciplinary code for students.

The former student had lost his initial appeal against his conviction.

He also challenged the university's finding that he had acted in a racist manner by saying: "It's a white boy thing."

According to Ndwayana, Du Toit had responded with these words when he asked him why he was urinating on his belongings.

But Du Toit's legal team argued in the High Court that he did not have any racist intentions.

Du Toit was ultimately expelled.

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