The independent Disciplinary Committee, chaired by Stephen Hardy (Australia), joined by former international coach Frank Hadden (Scotland) and former international John Langford (Australia), heard the case, considering all available evidence, including multiple broadcast angles and submissions from the player and his representative.
The judicial committee considered and accepted submissions from Du Toit’s representative that the charge be amended to Law 9.11 (players must not do anything that is reckless or dangerous to others including leading with the elbow or forearm).
Du Toit denied that he had committed an act of foul play worthy of a red card. However, having reviewed all available evidence and the submissions made by the player and his representative prior to and during the hearing, the judicial committee determined that the player had committed an act of foul play worthy of a red card, having regard to the process set out within World Rugby's Head Contact Process.
The Disciplinary Committee found the player's offending to be "reckless" (and not intentional or deliberate), and although there were some external factors identified with respect to the incident, they were not, on the evidence before the judicial committee, of a sufficient degree to justify a reclassification of the offending to below red card.
Given Du Toit's offending involved head contact with an opposition player, the judicial committee applied World Rugby’s mandatory minimum mid-range entry point for foul play in breach of Law 9.11 resulting in contact with the head. This resulted in a starting point of a six-week/match suspension.
Having acknowledged mitigating factors including Du Toit's evidence of remorse, contrition, exemplary prior disciplinary record and conduct during the hearing, the judicial committee reduced the six-week/match entry point by three weeks/matches, resulting in a sanction of three weeks/matches (to be served as the following given the player’s upcoming playing schedule):
19 November 2022: SA v Italy
26 October 2022: SA v England
Third match TBC
Du Toit was granted permission to apply to take part in the Coaching Intervention Programme to (if completed) substitute the final match of his sanction for a coaching intervention aimed at modifying specific techniques and technical issues that contributed to the foul play. The player has the right of appeal within 48 hours of the issuing of the full written decision.