SAHRC encouraged that the Equality Court Reconfirms use of the ‘k-word’ is Unlawful
The South African Human Rights Commission (the SAHRC or Commission) is encouraged that the Thabazimbi Equality Court has reconfirmed that the use of the ‘k-word’, as a racial epitaph, is unlawful and that those who continue to use it will be held to account.
In May 2016, Mr Nelson Maloma Motlane, the complainant in the matter, left for the respondent, Mr Ben Pretorius’, farm where he was doing building work. Mr Motlane was with his employer of thirty years, Mr Grobler. The respondent then in reference to Mr Motlane, referred to him by the ‘k-word’. Mr Motlane stated that this angered him and stripped him of his dignity, but maintained his composure and chose instead to take the matter to the South African Police Service (SAPS). He was then advised to take the matter to the Equality Court in Thabazimbi.
Dr Eileen Carter, from the Commission’s Limpopo Provincial office, acted on behalf of the complainant, Mr Motlane. The court found that the respondent’s utterances were in contravention of the Promotion of Equality and Prevention of Unfair Discrimination Act, 4 of 2000 (Equality Act) and that the respondent’s utterances were not protected by Freedom of Expression within the Constitution.
The court thus found that the respondent must furnish Mr Motlane with an unconditional apology within 21 days of the court order and further awarded damages.
This case and many similar to it once more highlight the need to bring the Equality Act into full operation, that is the duty and responsibility on the state and any person to promote equality as clearly outlined in Chapter 5, at section 24 of the Act.
Gushwell Brooks, Communications Co-ordinator
Cell: 0826458573
E-mail: gbrooks@sahrc.org.za
