R6 000 fine for rant seen as slap on wrist
DESPITE finding that his remorse was not genuine, David “Dawie” Kriel was yesterday given a wholly suspended sentence in connection with a racist rant he made on Facebook about Indians.
While magistrate Themba Sishi yesterday said he had not bought Kriel’s apology that he had made after his racist rant about Indians during Diwali, he sentenced him to a fine of R6 000 or 12 months in prison, suspended for five years, provided he was not convicted of crimen injuria again during that time.
Kriel pleaded guilty to cri- men injuria in January after he was charged for a post he made on Facebook group Gatvol Bluff: “To those idol worshippers and devil disciples who buy them (fireworks) in the name of religion, p***-off back to your dark hole in the backwoods of India… I could strangle you morons with my bare hands and derive great pleasure in watching your face turn blue and your tongue pop out.”
The next day, he posted an apology. But Sishi said he had not expressed “sincere penance openly”.
The magistrate went through the evidence bought before the court, including four victim impact statements the State had handed up.
“The deponents of those statements were all from different walks of life. But they all expressed concern that Kriel’s comments could derail nation-building.”
The defence had submitted that Kriel had been in a relationship with an Indian woman for 15 years and had cared for her children.
But Sishi said it was difficult to understand this because he should have learnt to be more tolerant of different religions.
“The language he used was hurtful, humiliating and demeaning. It was vulgar and went against the constitution.”
The language he used was hurtful and humiliating
Sishi said Kriel would not be able to afford a heavy fine and he was reluctant to send him to jail because he was being treated as a first-time offender.
He did have two previous convictions, but they were for unrelated crimes, Sishi added.
Outside of court, SA Hindu Maha Sabha president Ashwin Trikamjee said he was disappointed with the sentence.
“We expected a sentence that would send a message to society that this behaviour will not be tolerated. While the fine and the sentence appear to be harsh, the suspension somewhat dilutes the effect.”
The leader of the DA in KwaZulu-Natal, Zwakele Mncwango, echoed Trikamjee’s sentiments.
“The court agreed his apology was not genuine… Perhaps they could have sentenced him to community service.”