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 Cleaner wins battle over baboon slur
    July 22 2009 at 04:21AM Get IOL on your
mobile at m.iol.co.za

By Hendrick Mphande

A cleaner at a court here has won a David and Goliath battle against a veteran city magistrate
who called him a baboon.

Khayalethu Geleba was on Tuesday awarded R4 500 by the Equality Court and magistrate Johan Herselman now faces disciplinary action and possible criminal charges.

On September 16, 2008, Herselman was found guilty
of using hate speech when he referred to Geleba as a baboon.

In addition to the fine, the Equality Court on Tuesday recommended that the findings against Herselman be forwarded to the Magistrate's Commission in Pretoria for a decision on whether to institute disciplinary action
against the magistrate.

In addition the findings must be forwarded to the director of public prosecutions for a consideration for criminal proceedings.
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Speaking shortly after the verdict, Geleba said he was happy with the outcome.

"The verdict will teach Herselman a lesson to refrain from looking down on blacks as 'baboon' every time they appear before him in his court," he said.

Bloemfontein chief magistrate Mziwonke Hinxa presided over the hearing.

"The respondent in this matter is a magistrate who at all material times is expected to uphold and promote the value of human rights. In my view his utterances failed to promote this," Hinxa told the court.

At the time of the offence in January 2006 Geleba was employed by the Department of Public Works as a cleaner at the North End court here.

The evidence was that Geleba and a co-worker, identified only as Swartbooi, were trying to move a table into an office when the pair accidentally scratched a door.

It was at this stage that Herselman, who came up
from behind, shouted three times at Geleba who was referred to as a baboon.

Although two people were pushing the table, the tirades were directed at Geleba and not at his coloured colleague.

Herselman plans to appeal against the findings.



  • This article was originally published on page 4 of Cape Times on July 22, 2009

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Showing page 1 of 3 comment pages, 21 total comments
53 Weeks ago Thembelani wrote :
"The bitterness that you guys still hold against us is destroying this country" Its so easy for a white man to say this.
16 years is nothing to the 400 hundred years of povery and misery your people has imposed on the true africans of this land. The white mans greed destroyed this country long time ago, and the Africans are left to pick up the pieces with no help from the whites.
53 Weeks ago Defrauded by Lawyers wrote :
I have personally had dealings with white AFRIKAANS lawyers who have no respect for anyone, regardless of their skin colour, their education or their circumstances.These so called upholders of the law are a miserable sham!How often have we read of a lawyer, attorney, judge etc, who has commited a crime......normally to do with putting their stickey fat fingers into cashflows that do not belong to them?The Afrikaaner Lawyers need to realise that one day, it will just be them and the blackman.......the whites will have all found greener pastures! Then we will see how keen they will be to use derogatory terms like this. I am so pleased that this has come about....I hope many more South African lawyers are exposed for being the scum that they are.It is because of the likes of this scumbag that law and order is non-existent in SA.They must remember that they are not above the law.....they are merely servants to uphold the law of the land for all it's citizens.
53 Weeks ago Jared wrote :
PS. Anonymous. Call me a racist, the term is thrown around so much now a days that it's starting to lose its value so I really don't care. I won't deny it, everytime I read something like this I'm filled with hate and anger only because of the hypocrisy behind it. Every racist issue is one sided, it's always the whites tramping down on the blacks. I can only imagine how a black person would laugh in my face if I told them I would sue for defamation. Yes you went through apartheid, we know this and we're reminded of it every day of our lives. The bitterness that you guys still hold against us is destroying this country. It's been almost 16 years of democracy, almost everything in this country is biased towards blacks so why don't you get over it already! I know it's your only scapegoat, but sooner or later you are going to have to find something else to blame for your lives.
53 Weeks ago Disgusted wrote :
shame on u JARED and your mindless ignorance! Its poeple like u that bring this country down! Geleba had every right to take judge whoever to court! Indeed the rights of every human in law or not shall prevail! btw, if u r comfortable with being called names...i guess its your human right to accept!
53 Weeks ago Cicero wrote :
Very interesting to see and hear the racism vuvuzela being blown. Yet, in 2005 the high and mighty Judge Hlope made the following statements to a white advocate: "In a sworn statement, Advocate Dirk Uijs, SC, repeated the allegation that Hlophe called a junior lawyer, Joshua Greeff, "a piece of white sh*t" who "does not deserve the walk the corridors of the higher court", and said that Greeff should return to Holland."
Where were you then to quash this injustice? This is the same judge that's being proposed as the Chief Justice of this banana republic. What a farce. You are as racist as the people you are pointing the finger at.(Edited by IOL)


53 Weeks ago Psyagra wrote :
While I do not support the notion of suing all and sundry for petty things as the Americans do, I do commend Geleba for taking a stand in this instance. I have seen and experienced similar instances and almost got thrown in jail for standing up to a judge. I got divorced many years ago and while waiting for my case to be heard, I witnessed a judge treating the people with contempt and total disrespect. When I went to his chambers over lunch break to remind him that the divorce court was a civil court and not a criminal court and that his attitude towards people was everything but civil, I was forcibly removed from his office and banned form the court room. One instance was when he asked a man what he earned, the man said something like R1,600 / month ... the judge, very snidely, asked him if he couldn't do better on the street corner with a sign around his neck!! ... and and and ... the bottom line is that these PUBLIC servants think they can say and do as they please and get away with it ... BS I say ... they work for us and they should treat us with the same respect that they expect from us. (Oh, and before any racist comments are leveled at me, I'm white by the way ... what a f***** up country we live in when we have to say what color our skin is!!)
53 Weeks ago Anonymous wrote :
Reading Jared's comment one gets a picture of this hatred filled racist that is beyond redemption. Only the grave will set a person like this free.
53 Weeks ago Neil wrote :
And what about calling us "dogs"??
53 Weeks ago Anonymous wrote :
OMG this is petty!!!! Imagine everyone went around suing each other went they have been called a name! I see no racist attachment to being called a baboon. Geleba should grow up and get over it and stop wasting the courts time...
53 Weeks ago Anonymous wrote :
That magistrate thinks that he is superior, so he insults africans, if he says the poor cleaner is a baboon, then what is he? What does he look like? I bet we all know the answer, but i wont say it otherwise i will also face charges


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