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Theuns du Toit found not guilty of crimen injuria and malicious damage to property

One of the most high-profile cases, which was meant to serve as evidence of a deeply entrenched culture of racism at Stellenbosch University (SU), has ended in the accused being found not guilty. The Freedom Front Plus (VF Plus) is pleased that this attempt to make a scapegoat of him is now over.

The case stems from an incident which transpired in the early hours of 15 May 2022, when Theuns du Toit urinated on the belongings of a fellow student resident, Babalwo Ndwayana. There is no dispute about the incident or its reprehensibility. Du Toit himself agrees and has repeatedly expressed regret.

The dispute centred on whether the incident was motivated by racism and, more specifically, whether Du Toit had claimed it was “a white boy’s thing.” SU acted swiftly and Du Toit was not only suspended from the residence, but also expelled from the University. His appeal in the Western Cape High Court failed, partly because the disciplinary committee that initially heard his case is not a court of law and, thus, does not require the same burden of proof.

Du Toit was subsequently charged with crimen injuria and malicious damage to property in the Stellenbosch Magistrate’s Court. Seeing as this time the case was heard by a court of law, the evidence against Du Toit had to undergo a far stricter process – without success.

In the meantime, Du Toit was able to continue his studies through distance learning at a private university. While the saga serves as a warning against the potential consequences of alcohol abuse, Theuns du Toit can now move on with his life without being labelled a contemptuous racist.

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