Self-defence expert to testify for defence in domestic worker assault case

A police officer‚ a medical doctor and self-defence expert are among the witnesses lined up for the defence in a matter of a man accused of assaulting his domestic worker.

On Wednesday‚ defence advocate Lize Nel tore apart statements made by Siyamthanda Dube‚ who has accused Kobus de Klerk‚ 47‚ of having assaulted her in November 2017‚ in Randpark Ridge‚ Johannesburg.

According to Dube’s statement‚ on November 28‚ 2017‚ she was at her workplace in Randpark Ridge with her daughter‚ when she discovered her child was sick.

Dube said in the statement she wanted to take her daughter to the clinic‚ but De Klerk’s children would be home by between 9am amd 9.30am and she knew she would have to be at work when they get home.

Dube then took her daughter to the pharmacy‚ but was told to take her to the clinic as she was “quite” sick.

While waiting at the pharmacy‚ Dube said she received numerous calls from her employer’s wife‚ Tamara. However‚ she could not answer her phone as the screen was broken‚ she said.

When she came back it was 9.15am and she could see that her boss was angry.

“He said: ‘Where were you?’ I said‚ ‘I’m so sorry‚ boss‚ I know I left without your permission but my child was sick‚’ and I explained to him what happened. He said‚ ‘I don’t care‚ I don’t give a shit about your child. I employ you to come and take care of my kids. You are putting them in danger.”

Dube said she kept apologising but De Klerk was fuming with anger and he started poking her forehead.

“He said‚ ‘What are you going to do? Are you going to run to the police and say that the big white man hit me?’ I said‚ ‘Even if I don’t go to the police‚ you don’t have the right to treat me like this.’ “Then he said‚ ‘What are you going to do? You’ve got nothing but your black ass.’

“When I saw that he was so angry‚ I became frightened and I started to apologise again. He went off to the study for not even a minute. He came back and loosened his tie around his neck ... Then he started to push me with his two hands against my chest‚ saying‚ ‘You are so arrogant‚ you are a domkop’.”

According to Dube’s statement‚ De Klerk started punching her but she blocked the blows with her arms.

“Then he pushed me again. This was the fourth time he pushed me ... I fell onto my back on the step. I don’t know what happened then‚ if I collapsed or I fainted‚” the statement reads.

After the incident‚ Dube said she texted a friend and asked her to call the police or complex security.

Dube made her first statement at a police station two days after the alleged assault which was taken by a female police officer. But three months down the line‚ she made a typed statement‚ assisted by a friend‚ as she said she had remembered more details of what had happened.

Dube told the court that when she made the first statement at the police station her mind was still “mixed up” because of what had happened. The first statement was taken down by a police officer as Dube narrated the events of the alleged assault.

Nel then asked Dube to read the two statements and identify if there was any difference. Dube only spotted one difference in the beginning‚ which was the word hospital (in the first statement) instead of pharmacy.

Nel questioned her about what exactly she had told the police officer when she had made the statement.

“I can’t recall whether I told the police pharmacy or hospital. But I know I was from the pharmacy that day‚” Dube replied.

Nel accused Dube of making statements that “vary as its suits her”.

Nel continued to poke holes in Dube’s two statements. She asked Dube if she had signed the hand-written statement. She said she had‚ but could not recall whether the statement had been read back to her before she had signed it.

“I put it to you that the police officer who wrote the statement for you will come to testify that she read it back to you‚” Nel said.

Dube told the court that she remembered speaking to the police officer but could not recall every detail of what she had asked her.

The defence will also call De Klerk and his wife as witnesses.

The matter was postponed to May 23.