Magistrate drops appeal over baboon

2012-09-11 13:19
(File)

(File) (Shutterstock)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Bloemfontein - An appeal against an Equality Court ruling that found a Port Elizabeth magistrate guilty of hate speech for calling a worker a baboon was withdrawn on Tuesday.

"Maybe your client was ill-advised [to file an appeal]," Supreme Court of Appeal (SCA) Judge Mahomed Navsa said at the start of the sitting.

Magistrate Johan Herselman’s legal counsel asked for a short adjournment from the SCA bench of five judges before withdrawing the appeal.

"Well-advised," remarked Navsa, before adjourning the short hearing of 10 minutes.

Evidence presented to court earlier indicated that Herselman used the derogatory word after worker Khayalethu Geleba scratched a court office door while shifting tables.

Herselman was also unsuccessful in his appeal to the Eastern Cape High Court (Grahamstown) against the Equality Court ruling last year.

The High Court held that the fact that a white person had called an African person a baboon meant the words were clearly "racially charged".

Bloemfontein Chief Magistrate Mziwonke Hinxa, who presided over Herselman's Equality Court hearing, had found it was unthinkable that he could not know the racial import of words like "baboon".

The High Court agreed, and quoted from several court cases in which the term "baboon" was deemed to be derogatory and to have racial undertones.

Navsa said Herselman accepted there was a problem in using such a word and had even apologised.

- SAPA
Read more on:    racism
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
8 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Camping gear!

We’ve got all your camping must have’s right here at mind blowing low prices. Check them out now!

Herbex – buy 3 & get 1 free!

Fat burn packs, appetite control chewies, stretch mark cream and more. Offer valid while stocks last. Shop now.

30% off Jinger Jack handbags

Spice up your wardrobe and save 30% on stylish Jinger Jack handbags. Offer valid while stocks last. Shop now!

Buy 3 books & pay for 2

The cheapest of the 3 books will be free. Offer valid while stocks last. T&Cs apply. Shop now!

Deal of the week!

Hisense 40” Full HD LED Television now R3999. Offer valid while stocks last. Buy now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

Today is a good day to network and share your ideas and thoughts with your colleagues and friends. Information overload is...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.