Two years in jail for man who assaulted and insulted lawyer in Harties racial attack

Four years after Hartbeespoort businessman and lawyer Hartley Sandy Ngoato was assaulted and called the K-word while boating at the Hartbeespoort Schoemansville Oewer Club, the man responsible for the assault and using the swear word is serving time behind bars.

The incident happened in August 2018 when Ngoato was chairperson of the National Arts Council. 

Ngoato and his family said they believed it was a racial attack.

In 2018, Ngoato’s friend Thembelani Mpakati detailed the attack in a post on social media.

Explaining how the altercation ensued, he said: “[The main instigator ] clearly and loudly kept shouting ‘f**k these blacks. They must go away’. In no time‚ three or four other burly white men had approached Mr Ngoato’s bakkie and were encouraging [the attacker]. The entire situation was very heated and soon became aggressive. Mr Ngoato kept asking them what he had done wrong to rile so aggressively‚ but none of the men gave him a coherent answer.”

Mpakati said the altercation soon turned physical‚ with Ngoato pushed to the ground and assaulted.

“[The attacker] continuously smashed Mr Ngoato’s head against the ground. None of the other white men did anything to stop [him]. Instead‚ they allowed the physical attack to continue and blocked me from going to assist Mr Ngoato.

“Mr Ngoato eventually managed to stand up and reached into his bakkie. He brought out a spanner and threatened to attack them in self-defence‚ and it was only then that [the attacker] and his crew drew back‚” said Mpakati.

On Thursday, the public benefit organisation Hartbeestpoort Community Development Initiative (HCDI) released a statement saying Ngoato’s attacker, who they identified as Tiaan Eberson, was serving time at the Lospperfontein correctional services centre just outside Brits.

Eberson was reportedly convicted in the Brits’ magistrate’s court on August 30 on a count of assault and a count of crimen injuria.

He was sentenced to a year in jail for assault and two years for crimen injuria. The court ordered the sentences to run concurrently

The HCDI said when passing judgment, magistrate Jethro Mosime said the fact that the accused appeared before the court as a first offender did not mean he must be treated with velvet gloves.

The HCDI said Mosime highlighted how Eberson did not show any sign of remorse during the trial. 

“The incident was racially motivated because when the accused was attacking the complainant, he said blacks were not welcome at the place (Schoemansville Oewer Club) and he uttered the K-word, insulting Ngoato.  That is an aggravating factor,” read the judgment.

The judgment said Ngoato was vulnerable during the attack because he was sitting in his vehicle.

“He did not provoke nor confront the accused before the incident. Ngoato suffered injuries which are detailed in the medical report before court. He was humiliated by the incident.” r

The HCDI said the accused appealed against the conviction and sentence but his appeal was dismissed.

The magistrate said Ngoato had to beef up security after the incident, and said there is tension between blacks and whites in the Hartbeespoort area.

“As a result of the assault, Ngoato often feels pain. He suffered financial loss by relocating to a safer place. The incident has traumatised him and his family.”

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