In a case that has gripped South Africa, former Stellenbosch University student Theuns du Toit is preparing to launch a civil lawsuit against the institution following his acquittal on criminal charges.
The legal move comes after a controversial 2022 incident at Huis Marais residence, where Du Toit was filmed urinating on the belongings of fellow student Babalo Ndwayana. The video, which went viral, triggered protests and allegations of racism, leading to Du Toit’s expulsion from the university.
Acquitted of all charges
On May 27, 2025, the Stellenbosch Magistrate’s Court acquitted him of charges. These include crimen injuria and malicious damage to property, prompting his consideration of civil action.
According to Du Toit’s attorney, Dirk van Niekerk, the state was unable to prove that the former student had acted with criminal intent, leading to the full acquittal, nor could the state prove that there had been any damage to his property.
In his argument, Van Niekerk stated that the light had initially been off in the room, and only when Ndwayana turned it on did Du Toit realize where he was.
“The court understood the situation very well regarding his intoxication. My client was intoxicated. It was proven that the computer didn’t sustain any damages. The book wasn’t damaged, and various other issues. And this whole racist label that was hung around his neck in a dramatic fashion has been removed now. So we are extremely happy about that,” said van Niekerk.
Enrolled at another institution
Du Toit is reportedly no longer studying law but is in the process of preparing for exams at a different tertiary institution. He is now exploring a civil lawsuit against Stellenbosch University. And he is likely focusing on the impact of his expulsion, such as reputational damage and lost academic opportunities.
“We are reviewing all options to address the unfair treatment our client faced,” a source close to Du Toit’s legal team told media. Civil cases seek remedies like financial compensation. And Du Toit may argue the university’s actions were disproportionate, especially in light of his acquittal.
The case has exposed deep fault lines around race and fairness in South Africa’s higher education sector.
No word from university
The university has remained silent on the acquittal, while the NPA has yet to clarify the court’s reasoning.
If Du Toit proceeds with the lawsuit, it could set a precedent for how universities handle disciplinary matters.
Also Read: Stellenbosch University dismisses Theuns du Toit’s appeal
