Justice must be served in k-word case - State

2014-12-12 18:33

Cape Town - Race-based attacks are very serious and should be dealt with in a manner that inspires confidence in citizens, the Cape Town Magistrate's Court heard on Friday.

"Our past is our past and we need to live and see into our future. There is a need for the court to consider this and a need for the court to protect the community against people like the accused," said prosecutor Andy Hess.

She was arguing in aggravation of the sentencing of 36-year-old Andre van Deventer, who was convicted last month of assaulting domestic worker Gloria Kente, and calling her a "kaffir".

She said the sentence should be considered in light of an attack on race, and him committing a similar offence against Kente in 2008.

"We have different types of racial issues in our country. The accused clearly has an issue with black people and women."

Not making an example

The court heard that its role was not to make an example of Van Deventer but to make sure justice was seen to be done.

He had admitted he had a problem with alcohol and aggression, especially against women, but did not admit to having a problem with black people.

"I would submit, that he needs to go out in the community and show and learn from them that this is not a country where everybody is racist or uses words," Hess said.

She said an appropriate sentence would be house arrest, community service and a prohibition on using alcohol or any drugs.

Correctional services would then set out the appropriate programmes for him.

The recommended sentence was in accordance with section 276(1)(h) of the Criminal Procedure Act, which offered correctional supervision after a correctional officer had placed a report before the court.

The supervision could not exceed three years.

Hess said this was not an easy option and 90% of people who received this sentence returned to court to say they could not uphold the conditions anymore.

Alternative imprisonment

She also offered an alternative option of periodical imprisonment, which would see him working in the week and spending the weekend at Pollsmoor Prison.

"But if the court wants to look at his sentence with an element of mercy, then maybe correctional supervision is an option," she directed at Magistrate Alta le Roux.

Besides leading his client on the stand, Henry van der Westhuizen did not address the court in mitigation of sentence.

Hess said the correctional report was not ready because Van Deventer had apparently not co-operated with the official to secure a visit at his home address.

But Van der Westhuizen said his client had only been called two days ago and would take a day's leave as necessary to offer his assistance.

Hess threatened that if he did not co-operate with the officer, she would ask the court to consider periodical imprisonment.

The case was postponed until 28 January to allow for the completion of the report and possible sentencing.

  • dclangley - 2014-12-12 18:39

    Justice will never be served while this government defends racist arguments like bee and aa. Racism is either ok or not -ANC you decide

      NickvanGraan - 2014-12-12 18:41

      It is in their interests to keep "racism" alive and well ...

      Christien Scheepers - 2014-12-12 18:46

      When black yell " Boer " they do NOT mean farmer, why is that not racist ?

      Nicola Rushin nee Davis - 2014-12-12 19:17

      I agree, DC. The ANC has legislated racism in this country and yet they complain about racism. How sad.

      Mike Heyns - 2014-12-12 19:26

      Two problems which I wish to highlight! Firstly, the "proposed sentence" supersedes others that even killed their girlfriends / friends / strangers / wives. I am waiting in anticipation for our legal system to rule on this one...... Secondly, I take offense being called a "Boer" (or the B-word). This word belongs to a selected few who are experts in the agricultural sciences, which I am not. If so, then rather call me Doctor from now on! These days in SA you don't have to prove it anyway! This is only but another scheme of our government to prevent races uniting. As long as they can instil racism, we will concentrate on each other and not them!! Finally, I am using my constitutional right to object being called the B-word!!!

      Antinewstf Person - 2014-12-12 19:32

      This is not justice but revenge. Why is such a big thing made of this? Murder of white farmers get less coverage. The blacks now run the media so expect more of this fanning the hatred towards the whites by the anc media,,,, and loving it.

      Nicola Rushin nee Davis - 2014-12-12 20:01

      Christien, my isiZulu teacher informed me that the word "ibhunu" does NOT mean "farmer" (go look up "farmer" on and you will not see the word "ibhunu" there). In fact, he said that this word is a derogatory term for an Afrikaner or, broadly speaking, a "white settler". It is never spoken in good company and is only used to insult Afrikaners or whites in general. It is never used to discuss farmers or farming. And yet the ANC thinks its perfectly acceptable not only to USE that racist word but to sing about KILLING at the same time!!!!!!!

      Mike Heyns - 2014-12-12 20:57

      Apologies to all on behalf of our moderator! I notice that "Approval AND Disapproval" (Thumbs up and down) are removed for certain Commenters and Participants of the debate! So finally, regardless of your point of view, your freedom of speech is now censored!

      Jeff Rich Horn - 2014-12-12 21:50

      A nonsensical prosecution deflecting attention from real crimes. But then it's so easy requiring no thought and no effort.

      heathwaymasters - 2014-12-12 22:39

      An interesting thought. Say you cornered your pet Alsatian, and repeatedly shouted the K word at him, in front of your domestic or gardener. Would you still be considered a vicious racist who should be punished to the maximum extent of the law?

      C'est moi - 2014-12-13 01:58

      The *K* word - What's the big deal ? - I've seen worse here (slightly disguised) - Originally it meant the non-believers or indigenous people - I've been called a white bit*h when I told someone that there is actually a queue in the post office and I didn't immediately run off and make a court case - I've been called a ka**irboetie as well - So what - Like the *N* word in America - That came from the Latin word niger meaning black - Suddenly it's the most offensive word in existence - Is Af any better, or c**lie or rooinek or capie or vrot-banana - I personally find the blasphemy used by certain people on News24 a lot more offensive - Perhaps our indigenous people must just build a bridge and get over it - Have enough self confidence to say "Sticks and stones can break my bones but words can never hurt me”

      Fanie Gerber - 2014-12-13 07:24

      The ANC creates, encourages and nurtures racism - This gives birth to hatred and this strong emotion ensures their votes. Any- and everything can be blamed to 'apartheid', according to Showerhead even the decades long failure of ESKOM to plan & improve their capabilities instead of spending millions on creating posts with outrageous salaries. Yes, the ZANC has a winning formula with their top brass definitely above the laws of the country.

      Lindeni Masuku - 2014-12-13 10:00

      ANC NOT to decide but PEOPLE I mean human enough people to DECIDE.

      The Anthony With Brains - 2014-12-14 07:36

      What did William Shakespeare say about roses by any other name?

      Jco van Rooyen - 2014-12-14 08:50

      As an orange tree carry oranges so shall racism always excist! Say and do what you will, it will always excist! You go around the world and guess what, "IT IS ALL OVER THE WORLD". I am not saying it is right but no-one will kill it!

  • Yvonne Maree - 2014-12-12 18:49

    How is it that most white people are not bothered when called derogatory names? Because we don't give someone else the power to get to us!

      The Anthony With Brains - 2014-12-13 00:41

      Take it from whence it comes. If someone with an IQ of 67 calls me by a derogatory term - no worries

      Gavin Simpson - 2014-12-13 01:54

      All part our education by our parents I guess... stick and stones....

      Pack Age - 2014-12-13 09:55

      Because we are not delusional idiots with a complex! If you sat and thought about how many MILLION wigs and tubes of skin lightener are sold a year in this country it would boggle your brain……need I say more!

  • Saul Bergman - 2014-12-12 18:56

    @yvonne your argument is about as valid as saying "how is it that most women are not bothered when they are raped? Because they dont give someone else the power to get to them!". It's Shallow and naive argument really.

      Michael Wilson - 2014-12-12 19:25

      I think that trying to compare a verbal insult to a violent physical act of violation is about as shallow and naive as an argument can get.

      Doug Isherwood - 2014-12-12 21:37

      Saul Bergman - Being Raped is very different to someone calling you some name, especially when they haven't done so in front of others. Anyone with even a small degree of confidence in who they are would simply turn their backs and regard the name caller as someone rather lacking in education and talent. Get over it and move on.

      Jacqui Daane Van Rensburg - 2014-12-13 09:48

      Saul bergman. How can you compare rape with name calling?.

      The Anthony With Brains - 2014-12-14 08:13

      Rather remain silent........................

  • Mike Lamb - 2014-12-12 18:58

    How many times are white people verbally abused by people speaking an 'African ' language . But, because it doesn't register, nothing comes of it.

      Derek Edwards - 2014-12-12 19:42

      Hay B Pig explain the meaning of these words? 'umlungu' or 'abelungu'

      Derek Edwards - 2014-12-13 09:46

      Hay B pig nice try trying to pretend your insult word for whites is a general term for rich people.

  • Yvonne Maree - 2014-12-12 18:59

    What was so wrong with my comment News 24?!!!

  • Tracy White - 2014-12-12 19:11

    Black people love to cry.

      The Anthony With Brains - 2014-12-13 00:44

      If you cannot accept your own shortcomings you have to blame someone else for them

  • Pack Age - 2014-12-12 19:12

    And what about the "B" Word??????????????

  • Corne Smith - 2014-12-12 19:13

    I'm not a farmer, but I am a Boer and proud of it. They can call me Boer all day long.

      The Anthony With Brains - 2014-12-13 00:45

      good on You Corne

      The Anthony With Brains - 2014-12-14 07:30

      Much rather a B than a K

  • Gawie Pompies - 2014-12-12 19:15

    OOOOOOOH they fight to Abolish the K-word. Yet the real problems can not be solved.

  • Yvonne Maree - 2014-12-12 19:19

    You missed the point Saul!

  • Jimbob - 2014-12-12 19:23

    Gaad this is so pathetic. Enough chips lying around to put Simba out of business.

  • Bob Parnell - 2014-12-12 19:23


  • Nathan Elston - 2014-12-12 19:25

    You can't demand respect you need to accept that some people will think what they want and say what they want but only a child is concerned with the words. Grow up this whole @#UKING COUNTRY grow up!

  • Nick Fourie - 2014-12-12 19:33

    Im waiting for you Mr K Fir alias Blind pic

  • Rae of Sunshine - 2014-12-12 19:51

    So bloody over the stoopid "k" word! Such a chip on the shoulders!

      The Anthony With Brains - 2014-12-13 00:46

      Correction Rae; chip on BOTH shoulders

  • Linda Watson - 2014-12-12 19:51


  • Kevin Moxham - 2014-12-12 20:40

    agree totally however i also agree that those who use the words Dubula iBhunu are as guilty and must face the same censure...!

  • Ali Maree - 2014-12-12 21:17

    What a joke

  • No.You're a handbag - 2014-12-12 21:35

    Okay, I understand that the K word is unsavory. However, why is THIS case such a media circus, but brutal farm murders hardly get a mention?! Is a case of hurt feelings more important in race relations terms than the slaughter of a minority because of their skin color? After all, sticks and stones may break your bones, but words will never harm you... machetes though. They'll frigging kill you!

  • Shane Russell - 2014-12-12 21:59

    cant seem to find my post, preventing freedom of speech again NEWS24 Mods????? Just because you dont like what i say doesn't mean you have the right to remove my comment. That is called suppression of free speech. OR i can take a page out of our black brothers book - you are being racist by not allowing me to have my say!

  • catcha.wakeup - 2014-12-12 22:15

    It is better to use the K word in small circles and think it when you hug a black person than to tell them honestly, I think you are a xxx. The hypocrisy of society and the ANC. Smiling faces, sometimes, they don't tell the truth. Your smile is just a frown turned upside down.

  • TheWingman - 2014-12-12 23:36

    Which k word... Koolstoof?

  • GraemeMusto7007 - 2014-12-13 07:16

    Stick and stones may break your bones but words will never hard you... This I heard from when I learnt to hear!!! I honestly don't give a flying bat what anyone calls me...

  • GraemeMusto7007 - 2014-12-13 07:16

    Stick and stones may break your bones but words will never hard you... This I heard from when I learnt to hear!!! I honestly don't give a flying bat what anyone calls me...

  • Anne Gilbert Adams - 2014-12-13 07:26

    It is not right to label anyone of any race but what I get angry about is that the conviction will probably entail time in jail for verbal abuse. But yet physical abuse, rape and murder gets a slap on the wrist and off you go..

  • Nicol Moray - 2014-12-13 07:55

    So this is all around one word. How many words in the other languages are there that are used in a derogatory fashion towards white people. I would like to see the government publish as list so that we can see when there are racist remarks made towards us. I would also like to waste the courts time and get my R50K. Or we could forget the whole thing and just remember "Sticks and Stones........"

  • Marlene Black - 2014-12-13 08:35

    The guilty party has been brought to book for this dreadful incident. Please let's turn attention to racist farm MURDERS where victims have lost their lives and countless farm workers now do not have jobs - I think that's much more important, don't you?

      Antony John - 2014-12-13 15:07

      No to them a white life is less than a black life....

  • Mauritz Venter - 2014-12-13 09:19

    Amazing how little minds get THAT offended. More amazing is the laws protecting people from what exactly?

  • Jacqui Daane Van Rensburg - 2014-12-13 09:44

    But calling white people all sorts of names in languages they don't understand is okay then?. It is racist and cowardly. Having a president that keeps blaming apartheid and indirectly the whites responsible for it, is also racist because it shows that one colour, and one colour only, has the favour of government.

  • erneyb - 2014-12-13 10:47

    The core reason for Andre's behaviour, is anger, which is fuelled by alcohol. He has to go for addiction counselling for alcoholism and anger management. Probation, prison senteces, fines, community work is all "window dressing" as the core issue is not dealt with. As an addiction counsellor, I work with these issues every day and know what I am talking about. If Andre wants to gain control of his life, with the right help he can change his life.

  • Lindeni Masuku - 2014-12-13 10:48

    I am surprised that K word users don't really if at all they don't see anything wrong with the use of this word. In all cases where this word is used, the victim is black, s/he has no power over his/her abuser, s/he is spat at, called names, kicked around, slapped at, all types of physical and emotional and psychological abuse, eish come on you whites over there. I have never heard of a black person doing all the above after calling a white person a Boer. You complain of farm killing, yes it's bad but I for one and all I know of have never killed a farmer yet as I say I had a direct taste of my Dad called all these names. I left the place for peace sake, but I ll never understand why do white people like to treat us as trash yet we clean their houses. Are they interested in our energy than us who posses that energy. What is it that you ENJOY the most after calling us K word and spatting on us, what is it! Farm killing is a retaliation to all if not some of the above things. IfI could I would do the same for the abuse my father endured is still embedded in my mind, but I WON'T, for peace sake. Those who do are wrong, yet you clap hands to those who call us Ks and say charge on! Again, the day you guys stop calling us Ks,is the day peace will prevail to all NATIONS irrespective of colour or creed in this country.

  • Reiner Bunger - 2014-12-13 11:33

    BEE is also racist

  • Chandrey E J Jacobs - 2014-12-13 12:12

    What about the numerous black people which refer to their own people as k - words? What about the B - word or the H - word ... I struggle to see the logic here. This is why South Africa will never move on from racism because this is how its kept alive.

  • Eddie Bantjes - 2014-12-13 12:16

    Always one-sided only.

  • Frans Jacobs - 2014-12-13 16:29

    Why are black people so petty?

  • Ntsike Thokozani Dlamini - 2014-12-14 09:25

    Apartheid will never end in our country,I'm just reading comments eish

  • Justin Slabert - 2014-12-15 08:22

    All this fuss over a silly word!! Not even murder cases get as much attention as this!! Bias as F@#k!!

  • Songezo Mcapukisi - 2015-01-16 12:16

    Call me the K word, I will not report you. The police will rather look for me for murder. I keep a gun and a knife for a reason. Call me you bastard racist, you will see real justice. I know how my father look around prisons not knowing where my mom was detained after she was arrested because they found her eating pap with my dad too close to each other at the compound. You don't know what it was like to be treated like sub human. You don't know what it is like to be detained for just being black. So go ahead. Call me one, this I am willing to go to jail for.

      Christian Evans - 2015-01-16 15:16

      So where did the K word come from?????

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