Finding on forced faeces-eating hailed

THE South African Human Rights Commission (SAHRC) welcomes the decision by the Springs Magistrate’s Court (sitting as an Equality Court) in the matter of Joseph Mona v Harry Leicester and Others.

In May 2018, the commission instituted proceedings on behalf of the complainant in the Equality Court after the respondents had repeatedly referred to him as a “k ***** ” and proceeded to force-feed him faecal matter from a sewer main hole located at the respondents’ premises.

The respondents also forced the complainant into the sewer main hole, where the complainant almost drowned.

The complainant managed to pull himself out of the sewer hole using a pipe that was used to drain the faecal matter from the main hole.

In her judgment, the magistrate stated that it was clear that the complainant had suffered the lowest form of humiliation, and that is to be treated as a subhuman.

She further stated that the complainant had been treated worse than an animal and this was a huge blow to his dignity as a human being, and the conduct was intended to make him feel like he was not worth anything.

On Monday, the court made the following orders:

● That the utterances made by each of the respondents are found to be hate speech as defined in Section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act (Pepuda), and that such utterances violated the applicant’s constitutional rights to human dignity and equality and caused him emotional and psychological suffering.

● The conduct as described by the applicant, being forced by the respondents to ingest the faecal matter and raw sewerage as well as being pushed into the sewerage pit and covered with corrugated iron, constitutes a gross violation of his rights to human dignity, which caused him further pain, humiliation, emotional and psychological suffering.

● In terms of Section 21 (2) (j), the respondents are ordered to make a written unconditional

apology to the applicant on or before March 11, a copy of which should be filed with the clerk of the court and with the applicant.

● In terms of Section 21 (2) (f) of Pepuda, that the respondents attend a programme on race relations for three months at the SAHRC.

This is to be at a date and time to be specified by the commission within three months of this order.

The report on the completion of the said programme is to be filed with the clerk of the court.

● That the respondents are to pay damages to the applicant, Joseph Mona, for the impairment of his dignity and for causing him pain, emotional and psychological suffering, in the sum of R200000, such amount to be paid jointly and severally, the one absolving the other, and to be paid within one year of this order.

Such payment to be made in instalments of R17000 a month and R13000 in the last month, to be paid to the clerk of the court.

● The respondents are also ordered to pay the legal costs of the applicant.