Chapter 2.12 and Court Interdict Response

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Chapter 2.12 protestors
Chapter 2.12 protestors

Rhodes University’s SRC has been involved in protest action against the insufficient responses that Rhodes management has provided in addressing demands by the student body, regarding the institution’s procedures in dealing with cases of sexual assault and domestic violence. We, as the SRC together with the student body are yet to receive a satisfactory response from the university’s leadership and until such a time students will continue to protest.

Rhodes University was officially shutdown on Wednesday the 20th of April and will continue to be shutdown until Friday the 22nd of April. We would like to encourage members of the student body to participate in this protest against a system that has supressed the dignity and rights of students, continuously perpetuating rape culture.

In light of the protest, students forwarded demands to Rhodes University’s management.

The demands met by Rhodes University management are as follows:

1.         The university will increase the number of external prosecutors in higher disciplinary matters and refrain from soley depending on the services of Gordon Barker and Sarah Driver.

2.         The staff of the Harassment Office, which deals with cases of sexual abuse and assault on campus, will be increased.

3.         A task team has been set up to change the current sexual harassment policy. This change includes the definition of rape, as well as to change the policy which currently requires victims to prove that their perpetrators intended to rape them.

4.         Mandatory sensitivity training for staff, which will extend to Campus Protection Unit personal.

The demands that have NOT been met and or appropriately addressed by Rhodes University management are as follows:

1.         People charged with sexual assault may not be able to run for and occupy student leadership positions. Past sexual assault charges must be taken into consideration when selecting sub- wardens as the position is not just employment but a leadership position as well.

2.         Those charged with rape must be suspended from residence.

3.         Rape charges must be placed on students permanent academic records.

4.         No student who participates in any protest action will face disciplinary action or be otherwise penalised. This includes DP removals for missed tutorials, practicals, lectures, or submissions, tests, or being given fail marks for any of the above.

In reiteration of demand point 4, Rhodes University’s management has served the Student Representative Council, members of the student body engaging and associating themselves in ‘unlawful’ activities on campus and students Sian Ferguson, Yolanda Dyanti and Simamkele Heleni with an interdict from the High Court of South Africa, Eastern Cape, Grahamstown, on Wednesday 20 April 2016. The High Court interdict between Rhodes University and the 6 respondents hereby orders us to: (Attached to statement).

SRC member on the Reference List:

An extraordinary sitting of Student Parliament was held on Wednesday 20 April 2016. As such, the sitting has recommended that the student body submit at least 20 signatures. The students submitting signatures must furthermore state the reason(s) they have lost confidence in the member. This motion will be tabled by Student parliament for the student body, where the merit of the motion will be discussed to determine a way forward.

Arrest update and international students:

Yesterday morning, five students were arrested by the South African Police Services (SAPS). Of the five, two were international students. The Rhodes SRC as well as Dr Colleen Vasilliou, Miss Veronica Israel and members of the Law Resources Center (LRC) were at Joza Police station where the students were being charged and held. The students were later released on a misdemeanour charge. International students are advised to be aware of their rights and limitations as per the law of the Republic of South Africa. Should any charges be laid on an international student, this could lead to the suspension of their permit or visa.

Way forward:

Rhodes SRC encourages the student body to be aware of the limitations enforced by the court interdict initiated by the institution. However, we urge the students to continue to exercise their right to protest without implicating themselves in unlawful activities. The LRC has committed themselves to offering legal services to students. Students with any complaints are urged to email rhodesstudentcomplaints@gmail.com.

In conclusion rightfully and accurately put by the University of Free State SRC President Lindokhuhle Ntuli, “we have a right to protest and to freedom of speech: The right to demonstrate, section 17 and the right to freedom of expression, section 16 of the Constitution. These are fundamental rights underpinning our nascent democracy. Our Constitution demands that they be respected, protected, promoted and fulfilled. Student demonstrations are part and parcel of student politics, these are accepted modes of engaging University management and making our grievances heard and attended to. This is part of democracy. We therefore view your intended disciplinary action as a way of intimidating the student body.”

 

-Student Representative Council