Court battle over ‘white boer’ versus ‘k word’

A GRAHAMSTOWN woman who admits to using the “k word” during a parking spat three years ago, said she was first provoked when the man allegedly swore and called her a “white boer”.

The 2012 verbal altercation outside Sazi Matama’s house allegedly traumatised him and he is suing Muriel Els for R100 000 for hate speech in the equality court.

Els instituted her own claim for R100 000, saying she had been provoked and stressed when she used the “k word”.

Although she claims she only used the word after Matama allegedly called her a “f***ing white boer”, he has denied this.

After hearing evidence from both parties, Grahamstown magistrate Sean Murphy took the unusual step of asking their attorneys to file their heads of argument before returning to court to make final oral arguments. Legal Resource Centre attorney Mandira Subramony, who is representing Matama, said yesterday the court would have to decide first whether the term “white boer” was hate speech.

It would then rule whether using it could be reasonably construed to be hurtful, harmful or promoting hatred.

While there have been many previous court cases over the years that have concluded the “k word” is offensive and amounts to hate speech, there have been no judgments on using “white boer”.

According to the court papers, Matama claims Els was working for a garden service and parked in front of his driveway, completely blocking his car in, while her team mowed a neighbour’s lawn.

He claims an argument broke out after he reversed his car out, and Els started hooting insistently at him.

When he went to find out what all the commotion was about, she allegedly called him a “f ****** g k **** r” and swore at his mother.

Els then allegedly tried to ride him over with her bakkie, resulting in him twisting both his ankles.

He denied Els’s claims that she had only called him the “k word” after she was called a “f ***** g white boer”.

He is claiming an unconditional written apology, as well as R100 000 in compensation.

In her responding affidavit, Els said Matama initiated the row by swearing at her and calling her a “white boer”.

She said the alleged comment “was clearly meant to violate my dignity, to be harmful and to promote hatred”.

Els said she had “merely responded to his racial insults and aggression” and had apologised to him later the same day.

She said her sister had been admitted to hospital the day before the incident and she had been upset and stressed.