Rhodes University lecturer Rob Benyon will have to face the music for two allegedly racist tweets after the Grahamstown High Court yesterday dismissed his application to stay a university disciplinary hearing against him.
Benyon, who was also a residence hall warden, caused a furore on the campus when he sent out the tweets in mid-October at the height of fee protests.
He tweeted: “#Fees must fall your parents believed the ANC would deliver free stuff. Now you believe the EFF the same. Stupidity is clearly hereditary.”
And later: “Those agitating for free tertiary education #Feesmustfall are the product of free secondary education. Clearly you get what you pay for.”
The university alleged this amounted to hate speech and launched disciplinary proceedings against him.
Benyon, who intends emigrating to the United Kingdom in early December, had resigned some months before the tweets were sent out and was serving out his notice. His last day as a Rhodes employee is November 30.
He launched an urgent application to interdict and restrain the university from convening and holding the disciplinary inquiry, claiming it was invalid and against his contract of employment.
He suggested that the proceedings had also been wrongfully and maliciously set in motion.
But Judge Murray Lowe yesterday dismissed his contention that the prosecution was malicious. He said Benyon had brought it on himself by the, “at best extremely unwise public media messages”.
He said he did not have to decide whether the messages constituted “hate speech”.
“This is a task for another forum, but clearly raises matters of considerable importance to the complainants, applicant and the university.”
Hate speech is defined as speech that “could reasonably be construed to demonstrate a clear intention to hurt, harm or incite hatred or prejudice towards a person or group of people on prohibited grounds including but not limited to race, culture, social origin and ethnicity”.
It is a level three or dismissible offence at Rhodes University.
Rhodes University journalism and media studies lecturer Brian Garman, who had laid a formal complaint against Benyon after the tweets were published, yesterday welcomed the judgment.
“It is an excellent judgment. The fact that (Benyon) wasn’t going to be at Rhodes for much longer, did not give him the licence to say the kinds of things he said and get away with it. Rhodes, as an institution, must take a strong stand against any form of racism.”
Benyon’s attorney Brin Brody yesterday said Benyon would seek leave to appeal the matter to the Supreme Court of Appeal.
Rhodes had not commented at the time of writing.
Lecturer loses bid to stop hearing
Benyon, who was also a residence hall warden, caused a furore on the campus when he sent out the tweets in mid-October at the height of fee protests.
He tweeted: “#Fees must fall your parents believed the ANC would deliver free stuff. Now you believe the EFF the same. Stupidity is clearly hereditary.”
And later: “Those agitating for free tertiary education #Feesmustfall are the product of free secondary education. Clearly you get what you pay for.”
The university alleged this amounted to hate speech and launched disciplinary proceedings against him.
Benyon, who intends emigrating to the United Kingdom in early December, had resigned some months before the tweets were sent out and was serving out his notice. His last day as a Rhodes employee is November 30.
He launched an urgent application to interdict and restrain the university from convening and holding the disciplinary inquiry, claiming it was invalid and against his contract of employment.
He suggested that the proceedings had also been wrongfully and maliciously set in motion.
But Judge Murray Lowe yesterday dismissed his contention that the prosecution was malicious. He said Benyon had brought it on himself by the, “at best extremely unwise public media messages”.
He said he did not have to decide whether the messages constituted “hate speech”.
“This is a task for another forum, but clearly raises matters of considerable importance to the complainants, applicant and the university.”
Hate speech is defined as speech that “could reasonably be construed to demonstrate a clear intention to hurt, harm or incite hatred or prejudice towards a person or group of people on prohibited grounds including but not limited to race, culture, social origin and ethnicity”.
It is a level three or dismissible offence at Rhodes University.
Rhodes University journalism and media studies lecturer Brian Garman, who had laid a formal complaint against Benyon after the tweets were published, yesterday welcomed the judgment.
“It is an excellent judgment. The fact that (Benyon) wasn’t going to be at Rhodes for much longer, did not give him the licence to say the kinds of things he said and get away with it. Rhodes, as an institution, must take a strong stand against any form of racism.”
Benyon’s attorney Brin Brody yesterday said Benyon would seek leave to appeal the matter to the Supreme Court of Appeal.
Rhodes had not commented at the time of writing.
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