The father of disgraced Stellenbosch University (SU) student Theuns du Toit has come out in defence of his son who was dismissed by the institution after racism findings against him, enlisting a forensic audio engineer who found Du Toit apparently did not say the word “boy”, but “oi”.
A video of Du Toit urinating in student Babalo Ndwayana’s room, and on his belongings, went viral in May last year, leading to his expulsion from the university after an investigation by the university’s Central Disciplinary Committee found him guilty of racism.
Du Toit’s father, Rudi du Toit, said they approached a forensic sound engineer from Traxtudio Forensics to examine the video and claims his son said “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.
Theuns was found guilty of racism by the disciplinary committee on the basis of Babalo's second statement without Babalo testifying or being cross-(examined).”
Du Toit’s lawyer, Dirk van Niekerk, said the disciplinary committee made errors in its findings. They now planned to approach the Western Cape High Court to set aside the expulsion, with the matter expected to be heard in October.
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.
“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 deadline on Wednesday.
Cape Times