Victory for banned Rhodes University student

Victory for banned Rhodes University student

This in connection with the #RUReferenceList protest the previous year, and an incident in which three male students were held against their will, which the university found Dyantyi was involved in – despite her insistence that she was not.

Dyantyi, then in her final year of her BA degree, was slapped with a lifelong exclusion from Rhodes. Represented by the Socio-Economic Rights Institute of South Africa (Seri), Dyantyi subsequently lodged a review application with the Eastern Cape High Court in Makhanda.

Her application was dismissed in March 2020. In September 2020, Dyantyi was granted leave to appeal to the SCA. And this week, that appeal was successful.

Dyantyi’s counsel argued that after the university and her co-accused had wrapped up at the disciplinary hearing, the proctor had postponed proceedings for Dyantyi to respond.

UPDATE: 29/03/2022 I have won against Rhodes University ♥ The Supreme Court of Appeal has set aside the guilty judgement by Rhodes from 2017 and my appeal is upheld.#YolandaRhodesVictory #StandWithYolanda A Black women has won against the might of racist patriarchal violence! https://t.co/KcGui4DZtY

But that despite her legal team’s requests to the contrary, they were postponed to dates on which two senior advocates representing her were already scheduled to appear in court.

And this, they said, resulted in her being “unable to lead her defence”. In the end, the appellate court found this was indeed unfair.

The latter, he said, meant “three wasted years at the university and compromising of her ability to obtain admission at another university”.

Her conviction and expulsion were both reviewed and set aside and the matter remitted back to Rhodes for reconsideration, “on condition that any continuation of the disciplinary inquiry against the applicant shall take place before another proctor”.

She was also awarded costs.

Dyantyi on Wednesday described her court victory as “a win for all the women and other marginalised people who participated in the anti-rape culture protest”.

Seri executive director Nomzamo Zondo also described the ruling as “a vindication of Yolanda’s pursuit of justice and refusal to be silenced”.

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