Durban - The Society for the Protection of Our Constitution has come out in defence of a Pietermaritzburg man who was allegedly called a baboon by his former employer.
The Daily News reported in March that charges of crimen injuria against local elderly businessman, Edmund Rusty Roodt, 74, were withdrawn at the Pietermaritzburg Magistrate’s Court.
It was alleged that Roodt repeatedly called his employee, Jabulani Tshabalala, 54, a baboon.
According to Tshabalala, a stock receiver, and a branch chairman of the Economic Freedom Fighters, his former boss had been verbally abusing him since 2007.
Tshabalala said Roodt had previously called him a k***, and then more recently started referring to him as a baboon.
It is understood that charges had been withdrawn against Roodt because he had laid counter-charges of assault against Tshabalala.
It was decided by senior prosecutors that the charges against the pair were mutually destructive and both charges (that of crimen injuria against Roodt and assault against Tshabalala) were withdrawn.
However, after reading about Tshabalala’s plight in the Daily News, the Society for the Protection of Our Constitution, has resolved not to let the matter lie, and have made representations to the National Director of Public Prosecutions (NDPP) seeking their intervention and a review of the NPA’s decision to withdrawn charges against Roodt.
In an affidavit, secretary of the society, Muhammed Vawda, relies heavily on certain sections of the constitution to further its application for a review.
Vawda said that calling human beings k*****s and baboons incited violence and was an infringement of the victim’s dignity.
He said that both the constitution and the Bill of Rights bound the NPA, as an organ of the State, to give effect to the laws of the country, and as an instrument of justice, must exercise its prosecutorial functions.
Vawda said that according to court records, the charges against Roodt were withdrawn in terms of alternative dispute resolution, but Tshabalala was unhappy about the outcome, which, Vawda said, raised the question about the fairness of withdrawing the charges.
According to Vawda, it was in the interests of the victim and the public at large, to institute prosecution against Roodt.
“The substantial part of the public in this country is black, and which black person must be made to endure being called these names in a democratic South Africa?” Vawda said.
The NDPP has acknowledged receipt of the society’s application.
Tshabalala said he was very happy that people were helping him get justice.
“What happened to me was very bad. We are all human beings, we all bleed the same. I deserve respect,” he said, adding that he hoped something would come of this application and Roodt would be recharged.
Roodt was unavailable for comment.
Daily News