News24

Cape Town man guilty of assaulting domestic worker

2014-11-28 11:38

Cape Town - A Cape Town salesman was found guilty on Friday of assaulting his ex-girlfriend's domestic worker last year and spitting in her face.

The Cape Town Magistrate's Court ruled that 36-year-old Andre van Deventer's version of what took place during an argument with Gloria Kente was highly improbable.

Magistrate Alta le Roux said in Afrikaans that the State had proved the charge of common assault beyond a reasonable doubt.

Short temper

She said it was clear he had a short temper and felt nothing of showing how he felt in a physical way.

It was also strange that he could remember only certain aspects of what had happened, citing a hazy memory at times.

Van Deventer, wearing jeans and a top, rested his arms on the dock and nervously twiddled his fingers.

Kente previously testified that Van Deventer assaulted and swore at her at the Table View home of her employer Mariechin Pienaar last June.

She told the court he grabbed her pyjamas, verbally assaulted her and spat in her face.

He admitted to the crimen injuria charge but denied assaulting her.

Last month, he admitted on the stand that calling Kente a "kaffir" was unnecessary, but said he had been fuelled by anger.

At the time, he said he was very angry when Kente interrupted him while he was drinking beer and trying to connect an electronic device to a television.

He said he used the racial insult to describe her during an argument with his ex-girlfriend. The intention had not been for Kente to hear him, even though he was screaming in the bedroom.

Kente heard him, they started arguing in the corridor, and he insulted her again, this time to her face.

Stiff neck

Afterwards, Kente reported having a stiff neck.

Le Roux said two questions came to mind when hearing the evidence: why would Kente open a case against Van Deventer if they had such a good relationship, and what would she gain by falsely implicating him?

The magistrate believed the injury of a stiff neck was in line with someone trying to pull back from an assault.

If Kente had made up the incident, it would have been easy for her to claim far more dramatic injuries than just a stiff neck, Le Roux said.

Separate case

The Cape Town Equality Court, in a separate case involving the same incident, ruled on 24 October that Van Deventer pay Kente R50 000 in compensation.

Once Le Roux had handed down her judgment, prosecutor Andy Hess handed up Van Deventer's criminal record for the purpose of sentencing.

The court heard that he had paid a R150 admission of guilt fine for a previous assault charge in November 2008.

"I will make a request to the court that we postpone this matter for the complainant [Kente] to testify in aggravation of the sentence and also for the correctional office's report," Le Roux said.

The State has proposed that Van Deventer receive correctional supervision instead of a jail term.

The court will finalise sentencing on 12 December.

Comments
  • Thomas Jordaan - 2014-11-28 11:51

    Eish dude you were an idiot and therefore you should sit. But please please don't pay 50k as I've been called much worse before and just took it on my back. You know the saying of sticks and stones?

      Dunte Devante - 2014-12-01 21:07

      Lol Thomas how would you rate other things as being worse than being called the k-word when you yourself have never been called the k-word? You're speaking like an expert at something you know nothing about, how typical of your kind.

  • Carel Janse Van Rensburg - 2014-11-28 11:51

    Ok who is racist now?

      Bremer Hefer - 2014-11-28 14:08

      wat weet jy Carel?

  • Mara Why Xoli - 2014-11-28 11:56

    I hope his girlfriend dumps him, cause you dont know who he is going to take his anger out on now...

      Kenneth Maimane - 2014-11-28 12:14

      You mean his es?or do you know his new one?

      Bernadette Dana Sloan-Proudfoot - 2014-11-28 13:50

      Agree!!!!

  • Kenneth Maimane - 2014-11-28 11:58

    Dont start a war you can never win.

  • Jacques Jacobs - 2014-11-28 11:58

    Good week for justice. First muppet Steve and now this. The state should actually push for jail time. He'll learn a lot about racism there.

      coswecanfly - 2014-11-28 12:53

      Blameer Boesman - You are an idiot. I was suggesting what they would do TO a racist in jail. If you can't say something intelligent then rather keep quiet. Moron.

  • pikes.stellenbosch - 2014-11-28 11:59

    Wonder what his sentance will be? Murder only gets you 9 months

  • Ria Cook - 2014-11-28 12:06

    The state wants him to receive correctional supervision instead of a jail term. What does that mean? That he will be given a chaperone who will monitor his actions 24/7?

  • Garry Austin - 2014-11-28 12:07

    Easy don't hire domestic workers problem solved clean your own houses ,then you can do and say as you please in your own house ,if you have one then you have to give them some respect

      HomoHomoSapien - 2014-11-28 12:30

      How so Bongani?

      Khotso Joel - 2014-11-28 12:39

      It wasn't his house, Einstein. Oh I meant Austin

      Molefi Leviy Motshabi - 2014-11-28 13:14

      Oh Garry Austin!you have brains and i can see you using them,thats an intelligent comment for the day.Amen.

  • Mark Smith - 2014-11-28 12:10

    This is a bit more than racism,I think the domestic lady got tired of him assaulting his ex girlfriend and stepped in to stop it.

      KgoeteLephuru - 2014-11-28 12:24

      Another devil's advocate trying to downplay the event thinking we're a Grade 2 class.

      Khotso Joel - 2014-11-28 12:40

      I agree with Mark, this guy sounds like a useless dead-beat

  • Kirsty Prinsloo - 2014-11-28 12:27

    Well shame on him for assaulting her. No person has the right to do that to another person.

      Bongani - 2014-11-28 12:34

      I agree with you

  • Kirsty Prinsloo - 2014-11-28 12:28

    I thought she was the girlfriend s housekeeper.

  • Bongani - 2014-11-28 12:29

    I am not a racist, but sometimes when I read these comments I feel like we can just chase these white people, but they are not all the some same are very good South Africans

  • Menzi Leslie Ngobe - 2014-11-28 12:29

    Hope that pupet maimane or who ever is reading this cos this is what madam's hubby will do to him strait-Once and always ANC

  • Kirsty Prinsloo - 2014-11-28 12:30

    Bongani how is that racist?

      Bongani - 2014-11-28 12:35

      He was not going to do that on a fellow white person

      HomoHomoSapien - 2014-11-28 12:50

      I think he would. A "fellow white person" punched me in my face just because i am gay... i was just chilling with friends when some jock a$$hole decided to put me in a headlock, punch me, then run away.

      John Smith217 - 2014-11-28 13:05

      Kirsty that guy is very racist and proved it by swearing at the domestic and spitting at her. Domestics dont come into our homes so that we can abuse them. I haven't had a domestic for years. The last one I had actually threatened me with my own bread knife because I wouldn't offer her work for more than two days a week. I treat them well but they dont enter my property.

  • Mart Botha - 2014-11-28 12:38

    Quite happy with this outcome....just hope that the courts will find the appropriate stiff sentence. It begs saying that they the courts must also be cognitive of the danger of a witness committing perjury, in which case, if proven????, the consequences be equally harsh.

  • Khotso Joel - 2014-11-28 12:42

    I salute the magistrate

  • Lukwago Riaan - 2014-11-28 12:45

    Turning against @aza isn't a solution 2 racism,lets jst respect 1 anaza regardles ov race,tribe or nationality.lets stop racism

  • Penny Kemert - 2014-11-28 12:51

    Yay he deserves a sentance, you can't just go around assaulting women!!

  • Mfundo Jele - 2014-11-28 12:54

    what a quick sentencing.. Whats the big deal anyway. Hello, snap out of the history book, white ppl are called boer and blacks react quick being called K***.. Who is to blame??? Learn to live among each other then you'll realise how great it is to be regarded as a rainbow nation. Some of you are 'phobo-white' and 'phobo-black'.. That gotta end like really now..

      Fikile Ndala - 2014-11-28 20:18

      Do you even know what does boer mean?Its not an insult compared to the latter.

      Bungeni Maluleke - 2014-11-28 23:25

      Boer is not a racist remark. What's wrong you dude? So we should smile and not react when they use the k*#*# word? What are you smoking?

      Yitzchaq Motshabi Naledi Millioner - 2014-11-29 03:18

      mfunfo is on some dope cheap drug.have you ever heard of a Boere voors?

      Yitzchaq Motshabi Naledi Millioner - 2014-11-29 03:19

      mfundo is on some dope cheap drug.have you ever heard of a Boere voors?

  • lolo1 - 2014-11-28 13:07

    Yip criminals, bullies and thugs come in all colours. Maybe its a defective gene perhaps all criminals should be subjected to scientific testing to eliminate that specific gene

  • Tarquin Biscuitbarrel - 2014-11-28 13:45

    Death penalty.

  • Joe Black - 2014-11-28 14:15

    Good. Treat people with respect.

  • Mohau Chabeli - 2014-11-28 14:21

    This sentence is supposed to unSteve Hofmeyer this guy. Justice.

  • Whyte Rash - 2014-11-28 14:46

    white privilege.

  • Whyte Rash - 2014-11-28 14:48

    Must be a Muslim because I keep hearing on these boards how Muslims dont respect women. Ha ha!

  • Whyte Rash - 2014-11-28 14:49

    What do you expect from a typical coward savage.

  • Yitzchaq Motshabi Naledi Millioner - 2014-11-29 03:25

    From my personal observation 'majority of whites suffer from short temperment.

  • Nguengo João Bondo - 2014-11-29 07:25

    I think that a white man or woman can be married to a black girl or man, but still be a racist. Racism is believing that one race is above the other. And not only whites are racists, there are also some black who are racist , example being those blacks who prefer to put their kids in white school so that they can have better education and speak a neat english like white, those blacks who prefer to be treated by a white doctor. As for african man whydo we wear suits and ties? Why do we use wedding dresses, if it is not part of our culture? Why african women put a fake hair? They put fake hair because they believe that having longer hair like whites is better. This is also a racism.

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