Bok star Etzebeth could face World Cup recall, criminal prosecution

Eben Etzebeth Picture: Phando Jikelo/African News Agency (ANA)

Eben Etzebeth Picture: Phando Jikelo/African News Agency (ANA)

Published Oct 3, 2019

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Cape Town – The SA Human Rights Commission (SAHRC) will be holding a mass public meeting in Langebaan today and be reporting back on the progress made in dealing with the complaint against Springbok lock Eben Etzebeth.

The SAHRC, which believes he should be recalled from the World Cup in Japan, said on Wednesday it would be instituting legal proceedings against Etzebeth in the Equality Court on Friday, while seeking the possibility of a criminal prosecution.

This comes after the SAHRC had received a complaint at the end of August alleging the Springbok rugby player “physically and racially” abused the complainant, Sammy Claasen, during an altercation at a Langebaan pub.

HRC commissioner Chris Nissen said: “He allegedly used an H-word and that is what is before us at the Human Rights Commission. And that’s why we felt maybe the H-word is like the K-word and because (of that) we decided to take it to the Equality Court.”

Buang Jones, head of legal services at the HRC, said the community had been “angry” about how the matter was handled by the National Prosecuting Authority (NPA) and the SAPS.

“We (SAHRC) are going to address them and they will raise all their concerns about racism in the area,” Jones said.

Jones told rugby365.com they feel taking the "legal route" is the best way to go.

“We are calling on SA Rugby to do the right thing and recall him (Etzebeth) from the World Cup,” Jones said.

In the Equality Court case against Etzebeth, Jones said, they would ask for “monetary compensation”, a public apology and seek the “criminal prosecution” of Etzebeth.

He expects Friday’s hearing to set a timeline for the way forward.

"There could be more than one complainant, which I’m investigating,” Jones told  Daily Maverick.

“I understand that there is more video footage related to this incident, which apparently involves Mr Etzebeth.

“We (SAHRC) have to view it and confirm some of the allegations made by other people. So, there could be other matters that will emerge. As far as I know there are now three complainants.

“We are also in contact with the South African Police Service and the National Prosecuting Authority because there are a number of charges being probed at the moment.

“We have asked that this matter be handed over to another investigating officer and we will be holding a watching brief to monitor the criminal prosecution of this matter.

“We are also going help with civil action against Mr Etzebeth by assisting the victims that want to pursue a civil case.

“The criminal case and the civil case can run concurrently. In a criminal case the onus is on the State to prove criminality beyond reasonable doubt.

“In civil suits, we have to prove the case on the balance of probability. In fact, in Equality Court cases, the burden of proof shifts to the respondent. Mr Etzebeth would have to disprove these allegations.

“On Friday, we will formally institute proceedings in the Equality Court against Mr Etzebeth.

“Mr Etzebeth will then be given the opportunity to file his answering affidavit. The Equality Court, through the magistrate, will then set a date for a directions hearing. Mr Etzebeth will be expected to appear at that hearing with his attorney.

“It could happen while the World Cup is on, but it would depend on many factors, such as the availability of legal counsel.

“But our view is that Mr Etzebeth shouldn’t be at the RWC in the first place. Mr Etzebeth should be recalled and face this hate speech case because, given the seriousness of the allegations, he shouldn’t be an ambassador for the country.””

Etzebeth met with the SAHRC before he departed with the Springbok World Cup squad for Japan and “strongly denied” the allegations.

“It is completely untrue and unfounded to claim that I physically or racially abused anyone in Langebaan, as has been reported on social media. Multiple witnesses can corroborate that,” Etzebeth was quoted as saying.

Etzebeth has been included in the Springbok team to play Italy in their third World Cup game tomorrow.

It is a must-win game for the Springboks if they hope to qualify for the quarter-finals. Their final pool game is against Canada next Tuesday.

SA Rugby said the organisation’s leadership was in Japan and were not immediately available to comment because of the time difference.

Cape Times

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