On 17 february 2025, the South African Journal on Human Rights (SAJHR) published an article written by SERI researcher Thato Masiangoako, former candidate attorney Zolile Shude and SERI attorney Amanda Duma entitled, "Dyantyi and Goliath: Institutional responses to student protests against gender-based violence and violation of procedural rights". The article discusses the case Dyantyi v Rhodes University in which the Supreme Court of Appeal (SCA) found in Yolanda Dyantyi's favour, overturning Rhodes University’s decision to convict and permanently exclude her for disciplinary charges stemming from her participation in the 2016 #RUReferenceList protest.
Abstract:
Institutional responses to sexual and gender-based violence tend to fail and alienate survivors. In response, social movements have sought recourse outside formal legal processes through protest such as the 2016 #RUReferenceList protests at Rhodes University against rape culture and sexual violence, the global #MeToo movement that went viral in 2017, and the 2018 #TotalShutDown protests. Institutions often respond in ways that assert their power and prioritise institutional prestige at the expense of survivors and their experiences. When the South African Supreme Court of Appeal found in Yolanda Dyantyi’s favour in March 2022 in Dyantyi v Rhodes University, it overturned Rhodes University’s decision to convict and permanently exclude her for disciplinary charges stemming from her participation in the 2016 #RUReferenceList protest. The Court’s decision represents an important check on the institutional power exercised by public institutions such as universities, by upholding the rights of all people to procedurally fair administrative processes including disciplinary proceedings. While not dealing directly with the substantive issue of the protest, the Court’s decision is symbolically significant for those who viewed Dyantyi’s matter as being about the circumstances that necessitate such forms of protest against an issue as pervasive as rape culture and sexual and gender-based violence, the consequences of such protest and the actions of institutions.
The article draws from SERI's involvement in the litigation, representing Yolanda Dyantyi during the disciplinary hearing and subsequent litigation. Read more about the case here.