The Herald (South Africa)

Sentence for racist post irks leaders

- Taschica Pillay

POLITICAL and religious leaders were unhappy with the suspended sentence handed down to a Durban man for his racist comments on social media.

Dawie Kriel‚ 59‚ from the Bluff‚ who described Hindus on social media last year as idol worshipper­s was sentenced in the Durban Magistrate’s Court yesterday to a fine of R6 000 or 12 months’ imprisonme­nt, suspended for five years.

A case of crimen injuria was brought against Kriel by the DA and ANC after his Facebook post went viral.

In the post‚ he complained that fireworks were imported in containers‚ despite complaints each year about the noise they created.

Kriel attacked President Jacob Zuma for allowing the “Gupta’s [sic] and company” a licence to import fireworks. He also ridiculed “idol” worship.

His post read: “To those idol worshipper­s and devil disciples who buy them in the name of religion‚” before making derogatory and offensive remarks about Hindus.

“I could strangle you morons with my bare hands and derive great pleasure in watching your face turn blue and your tongue pop out‚” he said.

He later publicly apologised. “Anger is not an excuse and I realise the foolishnes­s of my remarks‚” he posted a day after his outburst on Facebook.

Magistrate Themba Sishi said Kriel’s social media post was demeaning‚ humiliatin­g and stereotype­d the Hindu faith, which went against the values of the constituti­on.

“His comments went global and invoked a sense of shock‚ anger and disgust‚” Sishi said.

He said the state believed the remorse expressed by Kriel was not genuine.

“The court accepts Kriel’s personal circumstan­ces. The seriousnes­s of the crime and interests of community far outweigh Kriel’s personal circumstan­ces. The court has considered various sentencing options.

“He cannot afford to pay a fine as he is unemployed. He is a first offender and imprisonme­nt will serve no purpose in rehabilita­tion‚” Sishi said, before imposing a suspended sentence.

DA provincial leader Zwakele Mncwango was disappoint­ed with the sentence‚ saying Kriel had got off scotfree.

“The court made a strong argument about the case and even said the apology was not genuine because it came after the outcry by the community. And for the court to come with such a sentence‚ he is just walking free.”

He said Kriel should have been ordered to do community service.

SA Hindu Maha Sabha head Ashwin Trikamjee said many people would be unhappy that the sentence was suspended.

“A suspended sentence‚ whilst it is a sword of Damocles over one’s head‚ does not quite mete out punishment.

“It does not have the effect of sending a message to society that this kind of behaviour will not be tolerated‚” he said. – TMG Digital/The Times

 ?? Picture: JACKIE CLAUSEN ?? FINE SUSPENDED: ANC members Krishna Padayachee and Narain Bhugwandas from Phoenix walk past Dawie Kriel outside the courtroom
Picture: JACKIE CLAUSEN FINE SUSPENDED: ANC members Krishna Padayachee and Narain Bhugwandas from Phoenix walk past Dawie Kriel outside the courtroom

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