Rhodes University Expulsion Overturned? Court Hears Hate Speech Review
Makhanda, South Africa – The Eastern Cape High Court in Makhanda has reserved judgment in the case of Arthur Vamva, a former Rhodes University student who was expelled in December 2022 for violating the Student Disciplinary Code following social media posts deemed to be hate speech. Vamva is seeking to have his expulsion overturned.
The university's disciplinary board found Vamva guilty after screenshots of his Facebook posts, including one stating "Homosexuality is evil – it is an abomination," circulated during the lead-up to SRC elections in July and August 2022, when Vamva was campaigning for SRC president.
Vamva's legal team argues that he was merely expressing his religious beliefs and opposition to homosexuality, asserting that his comments do not constitute hate speech under the Constitution. They further allege bias on the part of the university, pointing to the Vice-Chancellor's testimony against Vamva during the disciplinary hearing. They claim Vamva's constitutional rights to education, free speech, and religious freedom were violated.
The university, however, maintains that Vamva's comments constituted hate speech, brought the university into disrepute, and negatively impacted a member of the LGBTQIA+ community. Their legal team argues that Vamva never disavowed his views and that his claim of religious freedom is a disguise for hate speech. They also questioned the timing of the review application, given that Vamva's exclusion period is set to expire in December 2026.
Dagan Naesar, a student and member of the LGBTQIA+ community, testified during the disciplinary hearing that Vamva's comments were hurtful.
Vamva, who was a third-year Bachelor of Arts student at the time of his expulsion, hopes to return to Rhodes University to complete his final year. The court's decision is pending.
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