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White student found not guilty after urinating on black student's belongings

by Staff reporter
28 May 2025 at 11:21hrs | Views
Theuns du Toit, the former Stellenbosch University student caught on camera urinating on a fellow student's belongings, has been found not guilty on all charges.

Du Toit, whose actions were captured on video in May 2022 at the Huis Marais residence, faced public condemnation and widespread protest after the footage went viral.

The incident showed him urinating on Babalo Ndwayana's books and laptop, which led to his immediate suspension and subsequent expulsion from the university.

He was later charged with crimen injuria and malicious damage to property.

These charges stemmed from accusations that his actions not only caused physical damage but also infringed upon Ndwayana's dignity. However, the court found insufficient grounds to convict, resulting in a full acquittal.

In 2023, Du Toit's father, Rudi du Toit, said that they engaged a forensic sound engineer from Traxtudio Forensics to review the tape, and that his son commented "it's a white boy thing" after the urinating.

"Babalo submitted his first affidavit, saying Theuns said 'it's a white boy thing' when he asked why he was urinating on his belongings.

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 that. 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," Du Toit senior said.

While Stellenbosch University had previously found Du Toit guilty of multiple breaches of its student disciplinary code, leading to his removal from the institution, the legal process has now concluded in his favour. The university has not commented on the acquittal.

Ndwayana has yet to comment on the acquittal.

The Freedom Front Plus (VF Plus) has commented on the outcome, claiming that Du Toit was being used as a scapegoat for racism.

"The VF Plus is pleased that this attempt to make a scapegoat of him is now over," said the party in a statement. "The dispute centred on whether the incident was motivated by racism."

Source - iol