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