In May 2018, the Commission instituted proceedings on behalf of the Complainant in the Equality Court after the Respondents had repeatedly referred to him as a “kaffir” and proceeded to force feed him feacal matter from a sewerage main hole located at the Respondents’ premises. The Respondents also forced the Complainant into the sewer main hole, where the Complainant almost drowned. The Complainant managed to pull himself out of the sewer hole using a pipe that was used to drain the feacal matter from the main hole.

In her judgement, the Magistrate stated that it was clear that the Complainant had suffered the lowest form of humiliation and that is to be treated as a subhuman. She further stated that the Complainant had been treated worse than an animal and this was a huge blow to his dignity as a human being and the conduct was intended to make him feel like he was not worth anything.

On Monday, 25 February 2019, the Court made the following orders:
(a)that the utterances made by each of the Respodnents are found to be hate speech as defined in section 10 of the PEPUDA and further that such utterances violated the applicants constittutional rights to human dignity and equality and caused him both emotional and psychological suffering.
(b)the conduct as described by the Applicant, namely being forced by the Respondents to ingest the feacal matter and raw sewerage as well as being pushed into the sewerage pit and covered with a corrugated iron constitutes a gross violation of his righs to human dignity which caused him further pain, humiliation, emotional and psychological suffering.
(c) in terms of section 21 (2) (j) the Respondents are ordered to make a written unconditional apology to the Applicant on or before the 11 March 2019, a copy of which should be filed with the Clerk of the court and with the Applicant.
(d) in terms of section 21 (2) (f) of PEPUDA that the Respondents attend a programme on race relations for a period of 3 (three) months at the South African Human Rights Commission, date and time to be specified by the Commission within 3 months of this order. The report on the completion of the said programme to be filed with the Clerk of the Court.
(e)that the Respondents are to pay damages to the Applicant, Mr Joseph Mona for the impairment of his dignty and for causing him pain, emotional and psychological suffering, in the sum of R200 000 (two hundred thousand rands), such amount to be paid jointly and severally the one absolving the other and to be paid within 1 (one) year of this order. Such payment to be made in installments of R17 000 per month and R13 000 in the last month , to be paid to the Clerk of the Court.
(f) The Responents are also ordered to pay legal costs of the applicant.

- Ends –

Issued by the South African Human Rights Commission

Gail Smith – Spokesperson Tel: 060 988 3792 This email address is being protected from spambots. You need JavaScript enabled to view it.
Gushwell Brooks – Communications Co-ordinator Tel: 082 645 8573 This email address is being protected from spambots. You need JavaScript enabled to view it.