Black magistrate says calling white man the k-word is ‘even more degrading’

The Sunday Times reports that a Germiston magistrate is facing criticism for ruling that the k-word is even more degrading when used to describe a white person than when it is usually used as a disparagement of black people.

Magistrate Dipuo Mputla found the word disparages the black race, but “a white man would feel even more degraded … and that will injure his dignity more”.

The ruling relates to a conviction of crimen injuria against a retired police lieutenant-colonel, Johannes Kemp, who called a white businessman, Mark Maitland, the k-word in the presence of two black police officers a decade ago.

The matter was finally brought before the courts through private prosecution in a case headed by former NPA acting head Mokotedi Mpshe.

Kemp was found to have referred to Maitland as a “sea kaffir” [a slur often used against people of Greek origin] who was apparently very good at intercourse while Kemp was inappropriately watching Maitland’s personal sex tapes of himself with his fiancee as part of an investigation that Maitland was allegedly receiving stolen property.

When that case was later withdrawn, Maitland insisted on justice for the racial slur and other violations. Maitland wants Kemp jailed. Aside from the k-word conviction, he also violated the terms of the search warrant used to raid Maitland’s home.

The Human Rights Commission has said it is disquieted by the magistrate’s finding and is considering reporting it to the Magistrates’ Commission.