K-word man imprisoned
ANDRÉ VAN DEVENTER, found guilty of calling a domestic worker the K-word and assaulting her last year, has been sentenced to two years’ imprisonment after he failed to comply with the conditions of his original sentence.
At the Cape Town Magistrate’s Court yesterday, magistrate Alta le Roux said the “only alternative in this case is a term of imprisonment” after Van Deventer violated several conditions on a number of occasions.
At the end of last year, he was found guilty of assaulting and spitting in the face of domestic worker Gloria Kente at his then girlfriend’s house in Table View in 2013, and was sentenced to house arrest for two years.
Van Deventer was required to complete 70 hours of community service, which would be in the service of black women. He was also ordered to attend programmes addressing substance abuse, social skills and behavioural issues.
Van Deventer spent the past weekend at Pollsmoor awaiting an alternative sentence for multiple violations of the sentence.
Throughout yesterday’s proceedings, the handcuffed Van Deventer looked down, only looking up when the magistrate addressed him.
State prosecutor Leon Snyman read out a detailed report compiled by Van Deventer’s Correctional Services officer.
The report said since February this year, he had missed 11 days of community service. Officials could not gain entry to his house on four occasions and he also missed two appointments with a Correctional Services officer.
Van Deventer also failed to keep an appointment with a Department of Correctional Services psychologist.
In February, he received his first verbal warning, a written warning in March and a final warning in April.
Van Deventer was also referred to the SA National Council on Alcoholism and Drug Dependence in March, but attended only five sessions and when questioned by his social worker, said he was still attending.
He also failed to attend an appointment at Stikland Hospital in May, where he had been an outpatient.
Snyman said Van Deventer continued to defy conditions set out to him, and made “no effort” to improve his behaviour.
Van Deventer’s legal aid representative, Alex Mgeni, said Van Deventer admitted to the breach of conditions.
“After the incident, he lost his job. This matter has brought him distress,” Mgeni said, adding that without work, he was unable to afford to travel to appointments.
“We are not trying to justify his conduct, it is his fault. He is prepared to take responsibility,” he added.
He appealed for Van Deventer to be fined and that his previous weekend’s stay at Pollsmoor had taught his client a lesson.
Le Roux, however, questioned his remorse due to the extent of his violations, and said that Van Deventer did not relay the reality of his financial circumstances to Correctional Services.
“The court finds that the accused is not fit to be subjected to correctional supervision,” she said.
She also said that with his financial circumstances, she could not fine him.
“If I fine you, I will be sentencing someone else, not yourself. The only alternative in this case is a term of imprisonment,” she said.
Kente, who was sick and unable to attend proceedings, said: “I am very happy. I felt like that man was punishing me, and saying he can’t (obey the conditions) for a black woman. It is like something that has haunted me. But it is over now.
Kente’s legal representative, Peter Williams, said although his client had initiated a process to enforce Van Deventer’s compliance with an Equality Court order which ruled he must pay her R50 000 for hate speech, they would wait until he was out of jail to pursue it.