Yolanda Dyantyi, a former student at Rhodes University, who was banned for life from the institution in 2017, is demanding R10 million and an apology from the university, among other demands, after winning her case in the Supreme Court of Appeal (SCA).
Background Story
In her third and final year of study toward a Bachelor of Arts degree, Dyantyi was found guilty of a range of charges, including kidnapping, assault, defamation, and insubordination by an independent disciplinary inquiry instituted by the university.
After Dyantyi lost her review application in the Eastern Cape High Court in Grahamstown in March 2020, the SCA overturned that judgment and remitted the matter to the institution for reconsideration, with a condition that another proctor be appointed for any continuation of the disciplinary inquiry. The SCA also ordered the institution to pay Dyantyi’s legal costs. However, a new disciplinary inquiry proctor has not yet been appointed.
In a landmark ruling, the court found in the student’s favor, stating that the university had acted unfairly and that the ban was invalid. The court also ordered the university to pay the student’s legal fees.
Dyantyi’s Demands
Now, Dyantyi’s lawyers have demanded that the university pay their client R10 million, issue her with an apology, and pay R214,000 to the National Student Financial Aid Scheme (NSFAS), which she owes.
The attorney handling the matter, Gardee Godrich, told News24 that the letter of demand was sent to the university on Thursday. The university has been given 30 days from the date of receipt of the letter to comply with the demands.
Reputational Damage and Trauma
In the letter, it was stated that Dyantyi had suffered reputational damage, loss of income, emotional stress, trauma, and shock. The university was warned that failure to comply with the demands would result in legal action at an attorney and own scale cost, including costs of two counsel to be employed.
Rhodes University’s Response
Rhodes University spokesperson Velisile Bukula told News24 that the university had not received anything from Dyantyi’s lawyers. He said, “When we have received it, we will respond accordingly. Ms. Dyantyi is not a student of Rhodes University, and therefore we cannot institute any disciplinary action against her.”
Dyantyi’s Response
Dyantyi denied the university’s claims and added that the letter was sent to the university and that the same letter would be emailed to the vice-chancellor. She told News24, “It’s about justice for me. For all the loss and suffering I have experienced at their hands. I’m only doing what I was taught best by the university, which has been to be a leader. I am leading myself to justice and seeking for restorative accountability for all that’s happened to me as a result of my activism and politics.”
Yolanda Dyantyi’s demand for R10 million and an apology from Rhodes University, among other things, comes after she won her case against the institution in the Supreme Court of Appeal. Dyantyi claims to have suffered reputational damage, loss of income, emotional stress, trauma, and shock. However, the university has yet to receive the letter of demand from Dyantyi’s lawyers. The university has been warned of legal action if they do not comply with the demands within 30 days.
The case has sparked a debate about the way that universities handle sexual assault allegations and the need for fair and transparent procedures that protect the rights of both the accuser and the accused. It also highlights the potential consequences of unfair or unjust decisions and the importance of upholding the principles of justice and fairness in all aspects of society.