The case was heard in the Durban Equality Court this week and postponed to May 22.
In a statement to the court, Makhoba claimed that during an argument on June 6 last year, Rambali allegedly called him a “f****** stupid k*****”.
At the time, Makhoba was an employee for Dragon Protection Services, a private company, and worked as an access control guard at Durdoc Centre in Durban, where Rambali is based as a specialist physician.
Makhoba said the argument occurred when another doctor parked in Rambali’s parking bay at the centre. When Rambali arrived, he told Makhoba to find the doctor who had occupied his parking space.
Makhoba claimed that when he tried to approach the other doctor, the doctor had been busy in theatre. Makhoba said Rambali was about to file a report against him when they had a heated verbal altercation.
He said the doctor accused him of giving his parking to others before swearing at him.
“I asked him if he was swearing at me and he said yes, because I was irritating him,” said Makhoba, who is now seeking a damages order.
He is yet to stipulate the terms of his claim.
Rambali denied the allegation. He claimed Makhoba fabricated the accusation and played the victim so that his company would not take disciplinary action against him for unprofessional conduct.
Security site commander Gerald Haynes said in his affidavit that he was present when the altercation occurred, but did not hear the k-word being uttered.
“I apologised on behalf of the security guard and left, I never waited to hear the rest of the argument,” said Haynes.
According to Rambali’s affidavit, he wanted the contact details of the doctor who had occupied his bay, but Makhoba failed to obtain that for him.
Said Rambali: “I admit that I was angry since this was an ongoing and an unnecessary problem. I also admit that I swore and spoke to Makhoba. However, I did not swear at him.
“There is a difference. I stated that this was f****** bulls*** that for the second time in a week my parking bay was already occupied and I had nowhere to park my vehicle.”
Rambali said Makhoba was unapologetic and failed to accept responsibility for the chaos in the parking lot, and he refused to give his name.
“I explained that I would have no option but to take a photo of him and complain to hospital management,” he said.
Rambali has demanded a formal apology from Makhoba and that he be subjected to a lie detector test.
Makhoba was dismissed by the company in September. In an affidavit, Dragon Protection Services director of operations Manhar Parshotam described Makhoba as a troublemaker.
He said Makhoba had committed other indiscretions while on duty.
Parshotam said: “I believe the only reason Makhoba made such accusations against Rambali was to extort money.”