Woman used k-word ‘in retaliation‘

The Legal Resource Centre (LRC) says a woman has confirmed that she used the “kword” in March 2012 during an argument with a black man over parking in a Grahamstown street.

The hate speech case between Muriel Els and Sazi Matama, brought by the LRC was postponed on Monday 14 November by the Grahamstown Equality Court for a date that has not been set.

Last week, a statement by the LRC stated that Matama had instituted proceedings against Els following an altercation during which she allegedly called him the “k-word”.

LRC attorney Mandira Subramony said yesterday all evidence in the matter was heard on Monday. She said the matter had now been postponed so that both parties can submit heads of argument.

“The incident took place on 16 March 2012. Mrs Els was obstructing Mr Sazi Matama’s front gate,” Subramony said.

According to Matama, he attempted to reverse his vehicle and Els began hooting aggressively.

“He got out of the car and asked her what was wrong and she responded by calling him the k-word. Mrs Els admits to using the word, but says that she only did so out of retaliation.

“She claims that Mr Matama called her a f*****g white boer. Mr Matama has denied these allegations,” Subramony said.

“Both parties will be submitting heads of argument in the next few weeks.”

She said Matama instituted proceedings against Els in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000. A statement by the LRC explained that in his founding affidavit, Matama contends that the use of the “k-word” is a violation of his human dignity. Matama claims that the word amounts to hate speech and is claiming an unconditional written apology, as well as compensation to the sum of R100 000 in damages.

“Mrs Els has admitted to calling Mr Matama the ‘ kword’ but states that she only did so in retaliation after Mr Matama called her a ‘ white boer’.

“Mr Matama has denied this allegation. Mrs Els has similarly laid a complaint against Mr Matama and is also seeking an award of R100 00 in dam- ages,” read the statement.

The LRC said the matter is similar to that of Thembani v Swanepoel (217044) [2016] ZAECMHC 37, delivered on 12 September 2016 in the uMthatha High Court.

In that judgment, the judge had to determine whether the use of the “k-word” could reasonably be construed to be hurtful or harmful or to promote hatred towards the complainant.

In that case, the judge held that the term is, “rightly to be classified as an inescapably racial slur which is disparaging, derogatory and contemptuous of the person of whom it is used or to who it is directed".

Thembani was granted an award of R100 000 in damages.

This decision was confirmed by the Constitutional Court on 8 November 2016, which held that, “racist conduct requires a very firm and unapologetic response from the courts, particularly the highest courts”.

The LRC stated that in the present matter, Els will first be required to prove that Matama called her a white boer. Second, that the use of this term could reasonably be construed to be hurtful, harmful or to promote hatred.