Former UCT student wins damages after being wrongfully included on ‘rapist list’ 

A former student at the University of Cape Town (UCT), wrongly named in a widely-circulated list of “rapists” at the institution, has won his damages claim against the woman who, he claimed, admitted putting his name on it although she did not believe he was a sex offender.

Ramaano Marathi Ramokgopa said he had been ostracised, had stopped attending lectures, had suicidal thoughts, and had subsequently left the university to continue his studies elsewhere.

The list with his name on it was read out at a memorial service for murdered student Uyinene Mrwetyana in September 2019, and was again circulated on the anniversary of her death.

Following the compilation and circulation of the list, UCT management cautioned that it was legally dangerous and urged students to use the institutional processes available to assist victims of sexual gender-based violence.

Western Cape high court Judge Elizabeth Baartman ruled that Siphelele Lenah Nxumalo must pay Ramokgopa just over R300,000 in damages and medical expenses.

The judge also ordered that Nxumalo must apologise to him in writing and broadcast a “formal written apology” on her social media accounts within 30 days.

Nxumalo did not initially participate in the hearing in spite of proof that the papers were served on her and being given several opportunities to do so.

Read the full judgment here

Judge Baartman said because the matter could deter survivors or victims of gender-based violence from reporting incidents “and so perpetuate these soul-destroying crimes”, it was important to give Nxumalo every opportunity to defend the claim against her.

Judge Baartman said when Nxumalo failed to attend a pre-trial conference, she had postponed the matter again, directing that Ramokgopa’s lawyers make a last attempt to locate her through the university and a tracing agent.

There was still no response.

The judge said when she heard the application in May this year, and after hearing the evidence of Ramokgopa and a psychologist who had been treating him, she had been informed by her registrar that Nxumalo had sent her an email. The email address was the same one that Ramokgopa’s attorneys had used to serve the papers on her.

“It follows that she had notice of the process all along,” Judge Baartman said.

“It was apparent from the correspondence that she was vexed that the proceedings were continuing in her absence. She accused the court of adding to her trauma, presumably because Ramokgopa had, at my direction, gone to great lengths and expense to service notices on her.

“In the exercise of judicial restraint, I postponed the hearing to 14 June.”

The judge said on that day, Nxumalo had a “bad connection and a contemptuous attitude” … that she was only available until 10:30am when she would lose internet connection.

“Despite judicial restraint now being stretched to its limits, I postponed the matter to 16 August. Unsurprisingly she failed to attend on that day but sent email correspondence which came to my attention after the hearing and I had already reserved judgment. I have not had regard to it as I was not inclined to indulge her any further.”

The judge said her ruling did not deal with the appropriateness or otherwise of the publication of the list, but only with the appropriateness of the inclusion of Ramokgopa’s name.

The psychologist, Dr Glada Del Fabbro, had testified that Ramokgopa showed signs of having post-traumatic stress disorder, that he was depressed and suffered from anxiety directly related to the incident.