The father of disgraced Stellenbosch University (SU) student Theuns du Toit has come out in defence of his son, who was expelled by the institution after racist allegations were made against him, enlisting the help of a forensic audio engineer who discovered Du Toit did not say “boy,” but “oi.”
In May of last year, a video of Du Toit urinating in and on student Babalo Ndwayana’s room and belongings went viral, resulting to his expulsion from the university after an investigation by the university’s Central Disciplinary Committee found him guilty of racism.
Rudi du Toit, Du Toit’s father, alleges they sought a Traxtudio Forensics forensic sound engineer to study the tape and that his son commented “it’s a white boy thing” after the urination.
“Babalo submitted his first affidavit, saying Theuns said ‘it’s a white boy thing’ when he asked why he was urinating on his belongings,” the dad said.
“Two days later, Babalo handed in his second affidavit saying Theuns uttered the words, ‘It’s a white boy thing,’ after he stopped recording the video.
“A witness who was present later testified he did not hear Theuns saying ‘it’s a white boy thing’.
“This witness also testified that when Babalo stopped recording the video Theuns turned around and walked out without saying anything further. This is where Babalo’s second affidavit doesn’t make sense.
“We have now received the report of a forensic sound engineer confirming that Theuns did not use the word ‘boy’, but ‘oi’.
“The report also confirms that there are no racist words on this video.
The disciplinary committee found Theuns guilty of racism based on Babalo’s second statement without Babalo testifying or being cross-examined.”
Dirk van Niekerk, Du Toit’s lawyer, said that the disciplinary committee’s findings were flawed. They intended to petition the Western Cape High Court to overturn the expulsion, with the case scheduled to be heard in October.
“The report of Traxtudio Forensics was neither obtained or presented to the disciplinary committee that heard Mr Du Toit’s case, or to the Du Toit disciplinary appeal committee,” SU spokesperson Martin Viljoen stated.
SU spokesperson Martin Viljoen said: “The report of Traxtudio Forensics was not obtained or provided to the disciplinary committee that heard Mr Du Toit’s case, or to the Du Toit disciplinary appeal committee.
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“In addition, the disciplinary committee in Du Toit’s case found, in favour of Mr Du Toit, that in so far as he had used the word ‘boy’, his use of the word ‘boy’ was not racist.
“The report of Traxtudio Forensics is therefore not relevant at this point. Mr Du Toit’s court case is pending. The evaluation of Mr Du Toit’s case to review and set aside the outcomes now is a matter for the court.
“The university’s disciplinary committee and disciplinary appeal committee work independently of the university.
“The university may not interfere with them or change disciplinary outcomes,” he said.
Ndwayana’s legal team had not responded by the deadline on Wednesday.
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