Caretaker fined for racial attack

Man, 60, who used k-word, told to embrace rainbow nation

AWHITE Nelson Mandela Bay caretaker who called a black traffic officer a k****r, kicked him and pepper-sprayed him in the face, has been warned by a Port Elizabeth magistrate to “change because we are now a rainbow nation”.

Mike van Niekerk, 60, was found guilty of crimen injuria, assault with intent to do grievous bodily harm and reckless and negligent driving and sentenced in the Port Elizabeth’s Magistrate’s Court yesterday.

Van Niekerk, of Noordhoek, was sentenced to four months or a R4 000 fine for the crimen injuria and assault charges, to be paid in monthly instalments of R500. He was also sentenced to two months or a R2 000 fine, wholly suspended for three years for the reckless and negligent driving charges.

Magistrate Elliot Plaatjie said it was the court’s duty to protect law enforcement officers from people like Van Niekerk by imposing a sentence that would not only deter him, but other would-be offenders.

“You were angry to take instructions from black traffic officers. What is worse is that you are hiding behind your age. The court can see the problem is with your attitude. You are not prepared to change. You better change because we are now a rainbow nation,” Plaatjie said.

Van Niekerk was arrested near Admiralty Way in Summerstrand on February 6 2011 as The Herald VW Cycle Tour was under way.

Several roads along the route, including Marine Drive, were closed to traffic.

The court previously heard that Van Niekerk, a caretaker at Noordhoek Gate 1, was on his way to Pick n Pay and had to make a detour through Nelson Mandela Metropolitan University (NMMU) grounds as he was unable to get to Marine Drive.

Traffic officer Zuko Simakuhle told the court earlier how a female colleague, Nomalunga Madwara, who was stationed at the NMMU back gate, called for back-up and he responded.

Simakuhle arrived to find Van Niekerk sitting in his bakkie, the road blocked with traffic cones.

“The accused ignored my instructions [that he could not proceed] but instead made a U-turn and drove off at high speed while I was still inquiring from my colleague what had occurred. He knocked over the cones and narrowly missed a traffic car blocking the road,” Simakuhle told the court.

He put on his blue light and sirens and chased after Van Niekerk, who allegedly drove through university checkpoints without stopping, the court heard.

Simakhule eventually blocked his bakkie in Admirality Way.

The court heard that he was very angry. Simakuhle then asked to see his licence and instead, he was kicked in the shin and sworn at before Van Niekerk moved towards his cubbyhole.

“I thought he wanted to take out his driver’s licence, but he emerged with a pepper spray, spraying me in the face and referring to me as a k****r,” Simakuhle said.

Summerstrand businessman Fausto Pineda told the court he was delivering a motorcycle to a friend when he saw “a white gentleman spraying pepper spray on the officer”.

Pineda said when he saw Van Niekerk in the back of a police van he shouted at him: “You are a white man, why don’t you help me?”