Misunderstanding blamed for women’s differing statements

CLAIMS that 11 women who are suing an upmarket game reserve for more than R4-million for sexual assault gave three different versions of what happened were blamed on language and cultural differences.

Advocate Carien van der Merwe, for the 11 Kariega game reserve house cleaners, told Grahamstown magistrate Arno Strydom yesterday that differences in the women’s statements were a result of miscommunication, not dishonesty.

The women are suing Kariega after they were ordered to submit to a strip search when R200 and an undisclosed amount of euros went missing from two guest rooms.

During the proceedings, it emerged that only two of the cleaners had master keys.

Van der Merwe said the plaintiffs were rural Xhosa women and mistakes in their first statement describing the strip search by catering manager Adriana Pienaar were a misunderstanding, not dishonesty.

She said in her closing arguments that even though some of the evidence heard in court did not fit precisely with the pleadings, it did not detract from evidence that their buttocks were touched and hands put on them by Pienaar.

She questioned whether their interpreted testimony on groping and fondling had been miscommunicated.

Van der Merwe said according to their employment contracts, they could not refuse being searched as they faced dismissal if they did.

Kariega advocate Dave de la Harpe said even though there may have been misunderstandings between the plaintiffs and their lawyers, the divergent evidence needed to be amended.

Throwing in extra evidence served as “open sesame” for any evidence introduced.

He said he was complaining about deviations to the pleadings, and that the plaintiffs must plead on the claim premised of unlawful sexual assault and sexual violation.

He said all the women claimed they were subjected to an intrusive bodily search that included Pienaar placing her hand on their private parts and ordering them to bend and part their buttocks for a visual examination.

He said the claims were generic except for one woman who alleged she had been raped.

Strydom said judgment would be handed down at a date to be decided.