The matter refers to an incident in May last year when the complainant in the case, Nelson Motlane, in the company of his employer, identified only as Mr Grobler, went to the farm of the respondent, Ben Pretorius, where Motlane was doing building work. Pretorius then referred to Motlane using the k-word.

According to Motlane the incident stripped him of his dignity but he maintained his composure and chose instead to take the matter to the South African Police Service where he was advised to take the matter to the Equality Court in Thabazimbi.

A Senior Legal Officer at the commission’s provincial office, Eileen Carter acted on behalf of the complainant and 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 Motlane with an unconditional apology within 21 days of the court order and further awarded damages. The commission’s Communications Coordinator Gushwell Brooks indicated that the commission can’t reveal the amount of money to be paid to Motlale because such issues are not about money but protecting people’s rights.

Brooks further said the judgement was delivered on Monday and the respondent was expected to comply with the court order within the given days.

According to the statement the case and many similar to it 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.


Source: Observer