Lengthy ‘baboon’ case finally draws to a close
A PORT Elizabeth cleaner’s six-year David versus Goliath battle with a magistrate who called him a baboon finally came to an end yesterday when he emerged victorious in the Supreme Court of Appeal (SCA).
“I am very happy. I am glad it’s finally over,” an excited Khayalethu Geleba, 43, said.
After six years of fighting the Port Elizabeth Equality Court ruling that found him guilty of hate speech, magistrate Johan Herselman finally threw in the towel yesterday and withdrew his appeal.
Herselman had likened Geleba, who worked as a cleaner at the Port Elizabeth Magistrate’s Court in North End at the time, to a “baboon” after he accidentally scratched Herselman’s office door while moving furniture in January 2006.
Herselman was convicted of hate speech in September 2008.
The court ruled that as a magistrate, Herselman was reasonably expected to know the racial connotation and hurtful effects of words such as “baboon” when directed at black people.
But Herselman, represented by Advocate Albert Beyleveld, brought an application for his acquittal, claiming the presiding magistrate had erred in his analysis of the evidence.
He even tried to have the black presiding officer recused from the case, claiming he was biased.
But his application was dismissed with costs and the issue of damages proceeded.
In July 2009, Herselman was ordered by the Equality Court to direct a written apology to the Human Rights Commission, and pay R4 500.
But Herselman was still not satisfied and took the matter to the Grahamstown High Court for review.
Last year, this court agreed with the Equality Court’s ruling and dismissed Herselman’s appeal.
The matter was then taken to the SCA and set down to be argued yesterday.
But Herselman quickly changed his mind and decided to withdraw the appeal yesterday after one of the judges told him that he had been ill-advised to continue with the case.
Geleba, who now works as a cleaner at Markham clothing store, said he was keen to move on with his life.
“What happened was hurtful, but my family and friends were extremely supportive and for that I am grateful.
“People must learn that it is not okay to use words like that,” he said.
Legal Resource Centre attorney Sarah Sephton, acting for Geleba, said: “No matter who you are, it is not acceptable to conduct hate speech.
“There is not much precedent in SA regarding this, and I hope the high court ruling in this matter will be referred to in future matters.”
Sephton instructed Advocate Russell Madlanga SC.