Race‚ rants and barbs: 2016 at the Equality Court

Many South Africans will remember the Equality Court for the fine imposed this year on retired estate agent Penny Sparrow for making racist comments.

She was ordered to pay the Oliver and Adelaide Tambo Foundation R150,000 but has yet to comply.

The Equality Court was established to adjudicate on infringements of people’s right to equality‚ unfair discrimination and hate speech. While the Sparrow case dominated the headlines‚ there have been other interesting cases heard by it this year.

Department of Justice and Correctional Services spokesman Mthunzi Mhaga said that anyone could approach the court if they were subjected to unfair discrimination‚ harassment or hate speech by private individuals‚ state officials or institutions.

Here are some of the cases‚ mostly about race‚ which have been brought before the Equality Court and SA Human Rights Commission (SAHRC):

Velaphi Khumalo’s response to Sparrow

• Racist Khumalo ‘should not be working as a public servant’: Kathrada FoundationThe Ahmed Kathrada Foundation “strongly” condemned Velaphi Khumalo's “racist statements” as it had‚ two days earlier‚ those of Penny Sparrow. 

In response to Sparrow’s racist comments‚ Khumalo‚ a government employee‚ said he would cleanse the country of all white people.

He was suspended and subjected to a disciplinary hearing where he was charged with misconduct.

He pleaded guilty and committed himself to corrective measures‚ which included counselling. He was given a final warning and returned to work as a sports promoter.

However‚ a case of crimen injuria was opened against him‚ and 19 complaints were lodged at the SA Human Rights Commission. The SAHRC is preparing for a court application.

Vicki Momberg’s racist rant in Johannesburg

• State could push for trial after woman who called cop k-word misses deadlineA plea agreement and a psychologist’s report Vicky Momberg undertook to file are a “pie in the sky”‚ the state said on Tuesday. 

This matter arose after eNCA released a video of an upset and angry Momberg clutching a phone and shouting‚ "One k***** is bad enough. This happens all the time‚ all the time. The k***** here in Joburg are terrible. I’m so sick of it."

She was speaking after a smash and grab incident in Johannesburg. The police officer involved in that incident lodged a complaint with the SAHRC. The SAHRC lodged a case with the Equality Court in Johannesburg over Momberg's racist rant.

High Court judge embroiled in a race row

• Jansen’s comments crass and offensive‚ says FW de Klerk FoundationJudge Mabel Jansen’s comments on social media that black South Africans have a culture of rape were crass and offensive‚ the FW de Klerk Foundation said on Wednesday. 

Pretoria High Court judge‚ Judge Mabel Jansen‚ in a twitter post attributed to her‚ said that "murder is also not a biggy" for black men and "gang rapes of baby‚ daughter‚ and mother (were) a pleasurable pass (sic) time".

The Judicial Service Commission later placed her on special leave following the controversial comments made on social media.

LGBTI case

• Gay pride is no dragWhat is it about weddings that makes one consider, and maybe reconsider, one's own relationships? 

Desiree du Preez lashed out against the annual LGBTI event‚ the Pink Loerie Festival in Knysna which featured a mass same-sex wedding. She posted on her Facebook page in Afrikaans: “People of Eden‚ why do we allow a curse on our region due to the Pink Loerie Festival and mass gay marriage?”

Minette Van Rensburg‚ a member of the LGBTI community‚ lodged a complaint with the Equality Court‚ which led to a court appearance. At the hearing‚ Du Preez agreed to offer an unconditional apology to the gay community in the local newspaper‚ as well as on Facebook. She also agreed to undergo sensitivity training facilitated by the Gender Equality Commission.

Treatment of a transgender learner in Limpopo

• SAHRC takes Limpopo education department‚ ex-principal to equality court for 'humiliating and harrassing' transgender pupilIn what promises to be a landmark case‚ the South African Human Rights Commission (SAHRC) has instituted proceedings in the Seshego Equality Court in Limpopo on behalf of a transgender secondary school pupil. 

The SAHRC has taken a Limpopo school to the Seshego Equality Court over its treatment of a transgender school pupil. Because of a “hostile and intimidating environment” the pupil was unable to complete her schooling in the province and had to move to Gauteng.

The pupil allegedly faced unfair discrimination‚ harassment‚ and hurtful speech at the school. The SAHRC has named the Limpopo Department of Education and a former school principal as respondents in the case‚ which it has instituted on behalf of the learner.

Despite many cases revolving around the issue of race making headlines this year‚ there has been a decrease in the total number of them registered by the Equality Court across the country. Cases declined from 844 in the 2014/15 financial year to 558 in the 2015/16.

Mhaga could not elaborate on the compliance rate following rulings by the court at short notice.