Serving of hate speech, assault
FRESH calls have been made for the criminalisation of hate speech and racially motivated crimes following the attack on a black couple by six white men at a KFC drive-through in Montana, Pretoria.
On Friday, a horrifying video of the assault on the couple sparked outrage on social media. In the video, the attackers could be heard swearing at Jacob Sono, 39, and his wife Dudu, 33.
Police spokesperson Captain Kay Makhubela said the six men were in two separate cars and attacked the couple behind them in the queue last Wednesday evening.
Makhubela said that police were called to the scene and arrested four of the men. Two other men fled the scene and were still at large.
The arrested suspects were identified as M Harding, 22, O Miller, 20, RJ Mel, 39, and DJ van Rooyen, 21.
One of the men was heard saying “skiet hom (shoot him)” in the video.
Makhubela said the couple was receiving trauma counselling.
“The four men were charged with assault and intimidation with a dangerous weapon. They appeared before the Pretoria North Magistrate’s Court on Friday‚” Makhubela said.
He said one of the men was released on bail, while the others were denied bail as they had given the police false residential addresses.
They would return to the Pretoria North Magistrate’s Court on Friday.
The emergence of the video was met with anger from all quarters, with most calling for stricter laws against racially motivated crimes.
But, according to the Centre for Constitutional Rights, this would not solve the problem.
Its legal officer Christine Botha, who condemned the incident, said the proposed Prevention and Combating of Hate Crimes and Hate Speech Bill still fell short.
In the likelihood that a criminal offence was driven by a racial motive, this would be an aggravating circumstance in sentencing the offender.
However, she said while they had emphasised and recognised the need to address hate crimes, the proposed legislation still needed to avoid any vagueness and overlapping.
“The Bill has met much opposition as it also includes the offence of hate speech which we strongly believe should not be included.
“The hate speech offence does not fall within the limits of hate speech as set out in the constitution,” she said.
Sono’s wife meanwhile said the family did not feel safe as the attackers could still target them.
She said the men had been asked to move forward in the fast-food drive-through lane, but retaliated by attacking her husband.
The moment she realised that her husband was being violently attacked, she decided to record the incident.
She said the men then pounced on her, too.
According to her, the men were in possession of a firearm.
“They were swearing at us and threatening to shoot. Obviously I was traumatised because my husband was lying there bleeding,” she said.
The couple sustained bruises and the husband has already seen a specialist about a possible ruptured ear canal after X-rays were taken.