​​The blind South African Paralympic swimmer and medal winner, Hendri Herbst, is the perfect embodiment of the saying “where there is a will, there is a way". Not only did he excel in sport; he also reached the pinnacle of academic success when he obtained his doctoral degree (LLD) in Mercantile Law on Friday (15 December 2023) at Stellenbosch University (SU)'s December graduation.

Hailing from Letsitele near Tzaneen in Limpopo, Herbst is the first blind student in SU's Faculty of Law to be awarded a LLD. He is also the first student in the SU's Faculty of Law to receive a joint doctorate from the Faculty and Hasselt University in Belgium. His supervisors were Dr Izelle du Plessis from SU and Prof Dr Niels Appermont from Hasselt University.

Reflecting on his latest accomplishment, Herbst says he is proud but also relieved to have crossed the finish line. “A PhD is a long road and, to a large extent, an extremely lonely journey."

“I had to overcome a few obstacles, especially during the pandemic when it was difficult to access literature and prescribed sources. Sometimes I had to work through as many as 20 books just to write one paragraph. I had to listen to each book to decide whether I could use it or not." 

To access sources, Herbst used a text-to-speech computer screen reader programme as well as software that converts image PDFs to readable text. He was able to discuss his work with his supervisors through online meetings, emails and WhatsApp messages. They also provided feedback via voice notes.

Asked how a doctorate compares to his sporting achievements, Herbst says, “my sporting career carried many more positive milestones over time, but it was a lifetime of dedication. A PhD is a long winding road until the end when the pressure is released.

“Both required absolute sacrifice, but in very different ways. I was rewarded more in the short term with my swimming. I had to wait four years to achieve success with a PhD! I would say completing my LLD was equivalent to the Olympic Games!"

For his doctorate, Herbst evaluated South Africa's income tax regime for trusts by comparing the South African position with that of the United Kingdom and Belgium, with the aim of making it more investor-friendly.  He says he chose this topic because it is a combination of laws that he finds particularly interesting, namely the law of trusts and tax law.

“South Africa is currently facing a multitude of economic, political and social challenges. By adopting the appropriate tax policies, the tax system can be leveraged to unlock the country's potential through investment, thereby aiding resolving its challenges."

Perseverance

When things got tough, Herbst says he was able to draw on his experiences as a world-class swimmer.

“There definitely were some lessons from my days as a swimmer that I could use during my doctoral studies. I learned that just as in sport, perseverance, dedication and sacrifice also yield results in academia."

Herbst's perseverance also impressed his SU supervisor, Izelle du Plessis.

“Our entire faculty and I are very proud of Hendri's exceptional performance. He showed so much perseverance to achieve this degree, not only because he is blind, but also because he had to work on his LLD through the difficult Covid-19 period.

“Hendri is a remarkable and very intelligent person with the ability to process and remember large amounts of information. He is a very bright lawyer who can identify and research problems thoroughly and come up with solutions."

Echoing Du Plessis' sentiments, Herbst's co-supervisor, Niels Appermont, says, “Hendri was a truly remarkable doctoral student, who is not only very intelligent and resilient, but also a stellar legal scholar. He wrote his dissertation under difficult circumstances but was able to overcome them and defend his thesis in a brilliant manner.

“As one of his supervisors, I never had the feeling that either Izelle or I were asked to 'hold the pen'. Hendri is a very independent researcher, for whom we primarily acted as a sounding board. In a certain way, Hendri was his own supervisor."

Herbst says he is very grateful to his wife Brigitte, two-year-old daughter Alexis, his parents and supervisors for their support. His guide dog Julian, who sadly died, also deserves a special mention. Julian travelled with him to Belgium and accompanied him to his doctoral oral examination.

As a visually impaired person who overcame many challenges on his road to sporting and academic success, Herbst firmly believes that a disability should not prevent you from reaching your goals.

“Your disability should not be an excuse for not achieving excellence. While it will take more sacrifice and much harder work than your able-bodied counterparts, it is doable."

Now that he has his LLD under his belt, Herbst says the time has come to implement the knowledge gained throughout his academic career. He will do so a tax manager at WTS Renmere in Stellenbosch, a company specialising in transaction structuring and tax advice. Having joined the company recently, Herbst is looking forward to the new challenges and opportunities that will come his way.

In addition to his LLD, Paralympic and World Championship medals, Herbst also received the Rector's Award for Outstanding Sports Achievement.

​A few years ago, he also won a discrimination case against a Cape winery in the Equality Court with the support of the SU Law Clinic

• ​Photo: Dr Hendri Herbst in front of the Old Main Building that hosts the Faculty of Law. Photographer: Stefan Els