equality court – praag.org

‘This kaffir thinks he’s clever’

A Black South African Navy chef has taken a Cape Town police officer to the Equality Court following a racial altercation, The Times reported on Wednesday.

Phila Mnyanda claimed Sergeant Zelda Bussey, who arrested him for suspected drunk driving in 2011, called him a “kaffir”, according to the report.

The coloured sergeant also allegedly injured him while he was transported in the back of a police van to the district surgeon to have his blood drawn.

In court papers, Mnyanda reportedly said: “(Bussey) told her colleague: “This kaffir thinks he’s clever. I’ll sort him out”[Die kaffir dink hy is slim. Ek sal hom uit sort].

“In addition, I sustained physical injuries to my person as a result of the respondent’s negligent driving of the SAPS vehicle while I was in the back thereof.”

Mnyanda was suing Bussey and demanding an apology. The case was postponed.

Domestic worker sues for R100 000 after K-word slur

A domestic worker who accused her employer of racial abuse and assault has turned to the Equality Court for R100,000 in damages and an apology, The Star reported on Wednesday.

The application was filed by Gloria Kente’s attorney Peter Williams on Tuesday.

Andre van Deventer appeared briefly in the Cape Town Magistrate’s Court on Tuesday on charges of common assault and crimen injuria. The case was postponed to December 4.

Van Deventer allegedly assaulted Kente, spat on her and called her a Kaffir.

She worked for the family for eight years and alleged Van Deventer had racially abused her for some time, escalating into assault in June.

On June 28, he allegedly shoved her around.

This was triggered by Kente asking Van Deventer to look after his baby while she took a shower.

“I don’t like kaffirs. I don’t like you,” he allegedly shouted at her.

“You are a kaffir and you will never change. You kaffirs throw kaka at the airport…you don’t pay for the mess to be cleaned, because kaffirs don’t pay tax.”

Kente said the abuse had left her hurt and humiliated.

Williams said there was a need for an effective deterrent for racial abuse, and wanted the court to set a precedent by awarding substantial damages. – Sapa

Black lobby claims victory in Tuks race case

A judge has ordered that a case about racial transformation between the HETN lobby group and Tuks, a former Afrikaans institution, may be heard in the Equality Court.

The lobby group Higher Education Transformation Network (HETN) on Wednesday made measurable progress in its court battle against the University of Pretoria, following a judgment that a matter between the two can be heard in the Equality Court.

The HETN has challenged the slow pace of racial change in the governing structures of the university.

Acting chief magistrate Daniel Thulare ruled in favour of the HETN at the Pretoria Magistrate’s Court. The university and its alumni board argued that the Equality Court does not have jurisdiction to hear the matter brought to it by the network earlier this year. The Tuks council, the highest governance, should also join as a respondent, ordered Thulare.

Thulare said the complaint that the university, together with its council and the Tuks Alumni Association, “are failing to take steps to reasonably accommodate the needs of blacks, women and the disabled, in order to meet the need to redress the imbalances of the past to achieve representation”, should be heard in the Equality Court.

Lucky Thekisho, chairperson of the predominantly black organisation, described the ruling as a “preliminary victory” for them.

“We are relieved and encouraged to note that contrary to the arguments presented by the UP and Tuks Alumni Board, that the Equality Court has agreed with our contentions and re-established the supremacy of the Constitution of the [country], the need for transformation and equality in higher education,” he said.

“We knew that we shall prevail against the might of the University of Pretoria. This battle for transformation has just begun,” said Thekisho.

Tuks spokesperson Nicolize Mulder told the Mail & Guardian the judgment had nothing to do with merits of the network’s claims. Declining to comment further, she said: “

From our side, it was merely a direction hearing to determine where the case should go from here.”

After a long-standing, bitter racial battle for control of the university, the litigation was triggered by the election of AfriForum member Willie Spies into the university’s council late last year.

A date for the hearing will soon be set. “We remain confident that we will attain victory in the overall outcome of the case and that justice will take its course for the benefit of the broader society,” said Thekisho. – M&G

Couple facing court action over refusing gay marriage on their farm

Farm owners in Paarl, who allegedly refused a gay couple permission to get married on their land, could face legal action.

The Saturday Star reported gay couple Emile Butler and Gareth O’Brien were considering taking the matter to the Equality Court.

The couple had planned to get married at the Diemerskraal wine estate outside Cape Town but were turned down by owners Daan and Jeanette Morkel.

It was alleged the owners could not “find it in their hearts” to allow a gay couple to get married on their property, the newspaper reported today.

Constitutional law expert Pierre de Vos said the owners’ right to reserve admission was not an absolute right.

The Equality Act requires that “no person may unfairly discriminate directly or indirectly against anyone on one or more grounds.”

These include grounds of “race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth”.

The Human Rights Commission had notified the Morkel’s about the complaint. Daan Morkel confirmed to the newspaper that they were contacted by the commission. – Sapa