A team representing EFF member Luvuyo Ntakana who was assaulted during a violent protest outside Brackenfell High School in 2020 has served summons on two residents who were arrested for attacking him.
Assault complaints were lodged against Dante van Wyk and Jaco Pretorius after the protest over alleged racism at the school, fuelled by reports that only white learners were invited to a matric farewell party.
The incident, captured on video, showed Ntakana in a fist fight, allegedly with Pretorius and Van Wyk, among others, during the protest.
Ntakana alleged the group hurled insults, including racial slurs, before threatening to shoot him while he was attending a school governing-body (SGB) meeting over alleged racism at the school.
The two were arrested, and while Van Wyk was acquitted of all charges, Pretorius was found guilty and issued with a R2000 fine.
Ntakana was left traumatised by the incident, according to court papers that read: “... The plaintiff notified the crowd that was surrounding his vehicle that he was in the vicinity to attend the SGB meeting together with the principal, and to show support to the African learners that were excluded from attending the ‘matric dance’. The Plaintiff was told he was not welcome in the vicinity...”
Ntakana is demanding R4 million for damages suffered through the incident.
Pretorius and Van Wyk have been given 20 days to respond.
The lawyer representing Van Wyk, Millie Westley, on Monday said they only heard about the summons through the media.
“The Equality Court matter that was set to start on September 4, 2023, was postponed because (Julius) Malema was due to appear in court in Gqeberha on the gun charges on the same dates.
“The matter was postponed to February 26, 2024, and is expected to run until March 7, 2024. Our client also laid criminal charges against Malema and the provincial Speaker of the EFF for the Western Cape.
“They threatened him in the media after he was acquitted of the criminal charges against him. Our team is ready. Our expert reports are filed and we are confident justice will be on the side of our client,” she said.
The South African Human Rights Commission (SAHRC) had cleared the school of racism allegations after the incident.
The commission found that the school did not host a “whites-only matric ball”, and therefore did not discriminate, whether directly or indirectly against Grade 12 pupils on the ground of race.
“The probe found that on September 11, 2020, parents were sent a letter by Brackenfell High School confirming that the 2020 matric farewell had been cancelled due to Covid-19.
“A parent whose daughter was a matric at the school then decided to ‘do something special for her following the cancellation of the school’s farewell’ ... the parent and daughter opted to arrange a private function on a wine farm on October 17, with tickets costing R500 each.”