Not ‘a contemptuous racist’: Court clears ex-Stellenbosch University student in urination case

The former Stellenbosch University student who urinated on a housemate’s belongings has been found not guilty of racially targeting the victim.

Theuns du Toit was facing charges of crimen injuria and malicious damage to property relating to the May 2022 incident.

Du Toit was expelled from the university within a month of the incident following a disciplinary committee verdict.

Testimony ‘unreliable’

Reports from 2022 state that Du Toit was filmed urinating on housemate Babalwo Ndwayana’s study material inside their student residence.

The National Prosecuting Authority (NPA) pressed charges against Du Toit on the basis that the incident had racist undertones.

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Speaking on Tuesday following the judgment, Du Toit’s lawyer Dirk van Niekerk explained what had led to the outcome.

“The court basically, in short, said that the testimony of the complainant, Mr Ndwayana, was completely unreliable,’ Van Niekerk told EWN.

“It also referred to the various instances where Mr Ndwayana changed his mind, particularly how he ended up explaining how he didn’t consider the incident racist at all,” he added.

‘Reprehensibility’

The NPA’s confirmation of the details of the judgement is pending, but the Freedom Front Plus (FF+) offered its insight into the cases.

Du Toit was expelled from the university after a disciplinary committee ruling that, according to FF+ MP Wynand Boshoff, was not subject to higher legal standards.

“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,” Boshoff stated.

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Du Toit did not deny the urination incident, but claimed it was not racially motivated.

“There is no dispute about the incident or its reprehensibility. Du Toit himself agrees and has repeatedly expressed regret.

“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,” Boshoff concluded.

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