The Thabazimbi Equality Court has reaffirmed that the use of the K-word as a racial slur is unlawful and that those who use it will be held to account.
This follows a complaint by Nelson Motlane against Ben Pretorius‚ the owner of a farm on which Motlane was doing building work. Motlane was with his employer of 30 years‚ identified as a Mr Grobler‚ in May 2016‚ when Pretorius allegedly used the k-word in reference to Motlane.
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. The court‚ which delivered its judgment on Monday‚ found that Pretorius’ utterances were in contravention of the Promotion of Equality and Prevention of Unfair Discrimination Act‚ 4 of 2000 (Equality Act) and were not protected by freedom of expression within the Constitution.
The court ordered that Pretorius furnish Motlane with an unconditional apology within 21 days of the court order and further awarded damages. The SA Human Rights Commission is celebrating the ruling.
“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‚” the commission said.
- TimesLIVE
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