oa De Rebus - Hate speech is a crime - Equality Court rules in favour of domestic worker : feature

Volume 2015, Issue 550
  • ISSN : 0250-0329



The District Court of Cape Town, sitting as an Equality Court, has recently made a landmark ruling in Nomasomi Gloria Kente v Andre van Deventer (EqC) (unreported case no EC 9/13, 24-10-2014, Cape Town Magistrates Court) (Magistrate Koeries), by awarding a domestic worker R 50 000 in damages. This was after it found in the domestic worker's favour in a case of hate speech and harassment. Ms Kente, a domestic worker, complained that after her shift had ended, she requested her employer's boyfriend to look after his own child for a brief period of time, while she took a shower. He was upset about this, grabbed her by her pyjamas, spat in her face and told her that she was 'a pathetic Kaffir, that he hated Kaffirs and that he hated her'. He continued by saying that 'Kaffirs had stolen our land'. Ms Kente complained that she had been subjected to racial abuse and harassment over a number of years and that she had previously lodged a case with the police, only to find out that the perpetrator had paid an acknowledgment of guilt fine in the sum of R 150.

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