Lawyers for a Rhodes University lecturer alleged to have made a remark on social media that might be construed as racist during the #FeesMustFall protests will appeal a decision by the Grahamstown High Court to dismiss his attempts to interdict the University from subjecting him to a disciplinary process.
Lawyers for a Rhodes University lecturer alleged to have made a remark on social media that might be construed as racist during the #FeesMustFall protests will appeal a decision by the Grahamstown High Court to dismiss his attempts to interdict the University from subjecting him to a disciplinary process.
In a statement, legal firm Wheeldon Rushmere and Cole said lecturer Rob Benyon’s attempt to interdict the university to halt what they described as a fatally defective disciplinary proceeding against him failed when the high court dismissed his application with costs.
The law firm contends that the Judge Murray Lowe erred in various material respects and these would be dealt with when the leave to appeal is heard. The lawyers will seek to appeal the whole judgment and order made by Lowe on 21 November.
In the statement, Benyon’s lawyers say the University scheduled a fresh disciplinary hearing against him within 24 hours of receiving the high court judgment.
Benyon was represented by advocate Isak Smuts SC and attorney Brin Brody.
The matter was heard by senior CCMA commissioner Thanduxolo Qotoyi, who heard it argued that the procedure followed by Rhodes was fatally defective for one of the same reasons given in the high court application.
According to the lawyers' statement, Qotoyi found that the procedure adopted by the University against Benyon was fatally defective, and dismissed the case against him.
The application to the Supreme Court of Appeal for leave to appeal would be be set down in due course.
Benyon is a lecturer in Information Systems and a residence warden.
Last week Rhodes Vice-Chancellor Dr Sizwe Mabizela issued a statement on the university’s internal mailing list reiterating that in general, bigotry and hate speech would not be tolerated at the University.
Mabizela said he was deeply distressed to see that despite warnings, there had been an increase of incidents that could be deemed to constitute hate speech or incitement of violence on social media platforms, including Facebook and Twitter.
“Allow me to reiterate that there is no place for behaviour motivated by xenophobia, racism, sexism, homophobia and all other forms of intolerance, bigotry and chauvinistic behaviours at Rhodes University.
“Every person at Rhodes University deserves to be treated with respect, dignity and deserves to feel safe and secure.
“Threatening another student or staff member with violence of any kind or form has no place at Rhodes University.
“Advocating hatred or violence against another student or staff member of Rhodes University will not be tolerated. Our rights end where and when we start to encroach or infringe on the rights of others.
“Let us therefore respect and observe the rights of others so they too can respect and observe ours,” said Mabizela.
He said Section 16(2) of the Constitution clearly stipulated that certain forms of expression, including hate speech that constituted an incitement to cause harm, were not protected under freedom of expression.
In a letter addressed to senior university management, academic and member of Rhodes University's Transformation Team Professor Fred Hendricks expressed concern about alleged racism directed at black students, but which had ramifications for all members of the university community, in particular black staff members.
He said Benyon’s tweet was a concern for transformation for the entire University community.
Hendricks’s letter, a copy of which is in Grocott’s Mail possession, states that on 14 October Benyon posted the following tweet: “#FeesMustFall. Your parents believed the ANC would deliver free stuff. Now you believe the EFF the same. Clearly stupidity is
hereditary.”
University spokesperson Catherine Deiner confirmed that Benyon is currently a staff member of Rhodes University. However, she said the university does not comment on disciplinary matters.
“The University’s stance on racism, sexism, bigotry, homophobia, xenophobia and other forms of intolerance and discrimination is a matter of public record.
“The University deals with all allegations with the seriousness they deserve; conclusions or judgments cannot be reached without due process being respected,” said Deiner.
