News24.com | Ex-Rhodes student Yolanda Dyanti challenges ruling that upheld her lifetime exclusion

News24.com | Ex-Rhodes student Yolanda Dyanti challenges ruling that upheld her lifetime exclusion

  • Yolanda Dyantyi used to be banned from Rhodes University for life after she used to be found responsible of spearheading a week-prolonged anti-rape issue that grew to change into gruesome in April 2016.
  • She used to be accused of being within the abet of a vigilante online campaign that observed the “naming and shaming” of 11 male students on allegations they’d dedicated a series of sexual assaults on the campus.
  • Dyantyi filed an application for hasten away to charm a judgment that upheld her exclusion. 

A used Rhodes University student is difficult a High Court docket judgment that upheld her lifetime exclusion from Rhodes University.

On Monday, Yolanda Dyantyi’s hasten away to charm application used to be argued and postponed to Friday.

Right here’s a new show to beget the court overturn its March choice when it brushed off, with charges, her application for the review and atmosphere aside of her permanent exclusion from the university.

Her consultant, Nomzamo Zondo from the Socio-financial Rights institute of South Africa, mentioned the case had been moved to Friday. 

Disciplinary

Dyantyi’s life ban used to be imposed after she used to be found responsible, in an independent disciplinary listening to in 2017, of a unfold of acts, in conjunction with the kidnapping of fellow students, insubordination, assault and defamation.

Zondo mentioned the terms of her expulsion beget made it almost very now not seemingly for Dyantyi to be half of in every other higher education institution for the foreseeable future.

The costs expose to the hasten #RUReferenceList issue of 2016 when the names of new and used students accused of rape were published on campus networking platforms.

READ | Rhodes students clash with police during issue

University spokesperson Velisile Bukula mentioned: “The listening to had heard proof about a vigilante campaign online, that observed the ‘naming and shaming’ of 11 male students on the allegation that they’d dedicated a series of sexual assaults on the campus with impunity.

“Despite the far-reaching and serious nature of such allegations, now not even one of many 11 male students has ever confronted prison prosecution.”

In her application for review, Dyantyi had moreover sought the court’s intervention in atmosphere aside its verdict on the entire costs and for the university to be ordered to pay the charges of her application proceedings.

Denied

She claims the university had denied her the greatest to a stunning listening to, that she used to be denied appropriate representation, that the proof in opposition to her throughout the listening to used to be flawed, that the sanction used to be atrocious and that she used to be denied her like minded to an interior review following the listening to.

Dyantyi moreover claimed the selection of the independent listening to used to be “irrational and moderately suspected of being hasten with bias”.

She argued the selection of the chairperson used to be previous his appropriate vitality.

The e-newsletter of the names used to be so accepted that it changed into a fixed talking level on the campus and at closing ended in the “kidnapping” of several male students in April 2016 by a neighborhood of students led by Dyantyi, mentioned Bukula.

In his March judgment brushing off her review show, the deputy judge president of the Eastern Cape Division of the High Court docket, Come to a name ZM Nhlangulela, detailed the circumstances of the kidnappings the save spitting, assault and threats of killing by strangulation with a stocking and necklacing were made in opposition to one of many student captives.

Unencumber

“It used to be the police intervention that secured the free up of [the captive] from the protesters…” Nhlangulela wrote in his judgment.

He detailed how “repeated” warnings to the kidnappers, in conjunction with by the vice-chancellor “all fell on deaf ears”.

No longer fully used to be the vice-chancellor rejected, but he used to be pushed out of the job of the protesters and ridiculed, Nhlangulela wrote.

The listening to had licensed the proof of several witnesses that Dyantyi played a main characteristic within the kidnapping and persisted deprivation of the captives’ liberty, which included the assault and intimidation of now not lower than one of many captives who used to be held in opposition to his will for some 11 hours.

Seriousness

The chairperson of the listening to “regarded the seriousness of the offences…, the propensity of the applicant to commit offences intriguing physical violence while on campus and her brush aside for the safety of the members of the university community as being proportionate to the sanction that used to be imposed”, Nhlangulela mentioned.

Zondo, on the opposite hand, mentioned despite a entire bunch of students having taken phase within the week-prolonged issue, the university had, on the the same time, taken credit for making the changes demanded by the issue, and inclined its institutional might perhaps presumably well well to allegedly bully and punish Dyantyi for taking phase within the issue.

“Since Ms Dyantyi’s expulsion, Rhodes University has remained unrelentingly obvious to discontinue her from remarkable the discontinuance consequence of the disciplinary inquiry.

“It has dedicated its resources and its vitality to singling out Ms Dyantyi and attacking her persona, describing her as ‘insidious’, arguing that she tells two ‘outright lies’ and that she is “mischievous and dishonest”.

“Disappointingly, here’s the basis on which the university has denied her like minded to a procedurally simply disciplinary direction of, at which Ms Dyantyi would be afforded the different to insist her side of the narrative.”

In December 2019, Dyantyi approached the Grahamstown High Court docket to characteristic aside the discontinuance consequence of the disciplinary listening to in a review application.

In March 2020, the court brushed off her review application and ordered her to pay the university’s charges.

In April 2020, the Socio-financial Rights Institute filed Dyantyi’s application for hasten away to charm, essentially submitting the court erred in failing to secure in thoughts her argument the postponement of her disciplinary listening to to a date when her appropriate representatives were now not accessible had resulted in an unfair disciplinary direction of.

The university has opposed the application.

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