Du Toit v Human N.O. and Others (3063/2023) [2023] ZAWCHC 270 (2 November 2023)

Du Toit v Human N.O. and Others (3063/2023) [2023] ZAWCHC 270 (2 November 2023)

The court found that the procedures followed by the Central Disciplinary Committee (CDC) and the Disciplinary Appeal Committee (DAC) were in accordance with the Stellenbosch University Disciplinary Code and the Promotion of Administrative Justice Act. The CDC and DAC were entitled to admit and rely on written statements and hearsay evidence as part of the preliminary investigation, and the applicant's legal representative did not object to their admission during the CDC proceedings. The refusal to allow cross-examination of the victim was within the discretion of the chairperson and did not render the proceedings unfair, especially as the applicant had no recollection of the incident due...

Citation
[2023] ZAWCHC 270
Parties
Applicant: Theuns Du Toit; Respondent: S Human N.O.; Respondent: NH Maenetje N.O.; Respondent: Stellenbosch University; Respondent: The Rector and Vice-Chancellor of Stellenbosch University
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
2 November 2023
Case Number
3063/2023
Procedural Posture
Review Application / Judgment on Review of University Disciplinary and Appeal Committee Decisions
Outcome
Application for review dismissed. The disciplinary and appeal committee decisions, including expulsion, are upheld.
Judges
Allie, Cloete
Legal Topics
Promotion of Administrative Justice Act, Disciplinary Procedure, Bias and Impartiality, Hearsay Evidence, Student Misconduct, Right to Dignity
Administrative Law Civil Procedure Family and Children Promotion of Administrative Justice Act Disciplinary Procedure Bias and Impartiality Hearsay Evidence Student Misconduct +1 more

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Parties

Theuns Du Toit

Applicant

S Human N.O.

Respondent

NH Maenetje N.O.

Respondent

Stellenbosch University

Respondent

The Rector and Vice-Chancellor of Stellenbosch University

Respondent

Procedural Posture

Review Application / Judgment on Review of University Disciplinary and Appeal Committee Decisions

Legal Issues

  1. 1 Whether the disciplinary and appeal committee procedures complied with the Stellenbosch University Disciplinary Code and PAJA.
  2. 2 Whether the admission and reliance on written statements and hearsay evidence was procedurally fair.
  3. 3 Whether the applicant's intoxication negated wilfulness and intent for the misconduct.

Ratio Decidendi

The court found that the procedures followed by the Central Disciplinary Committee (CDC) and the Disciplinary Appeal Committee (DAC) were in accordance with the Stellenbosch University Disciplinary Code and the Promotion of Administrative Justice Act. The CDC and DAC were entitled to admit and rely on written statements and hearsay evidence as part of the preliminary investigation, and the applicant's legal representative did not object to their admission during the CDC proceedings. The refusal to allow cross-examination of the victim was within the discretion of the chairperson and did not render the proceedings unfair, especially as the applicant had no recollection of the incident due...

Court Disposition

Application for review dismissed. The disciplinary and appeal committee decisions, including expulsion, are upheld.

Orders

  • The application for review is dismissed.
  • The findings and orders of the Central Disciplinary Committee and Disciplinary Appeal Committee are upheld.