Black on black k-word row ends up in court

The use of the k-word, especially by a former Robben Island political prisoner, was dehumanising, horrible and defamatory, Investec chairperson Fani Titi told the Randburg Magistrate’s Court yesterday.

Under cross-examination by attorney Bevan Ndebele, representing accused Peter-Paul Ngwenya, Titi testified how being called a “QwaQwa k****r” in an SMS from Ngwenya had made him feel.

The case is before Magistrate Pravina Raghoonandan, who put Vicki Momberg away for crimen injuria for using the k-word, and senior prosecutor Yusuf Baba, who prosecuted the case.

This time it’s the black-on-black version of the same story, except that Momberg used the word 48 times, whereas Ngwenya only sent one SMS to Titi.

It’s sure to fuel the discussion outside the courtroom about whether Ngwenya’s SMS, which is not in dispute, was racist or “merely” criminally damaging to Titi’s character.

Titi attested in court that, as a person on the world stage, it was dehumanising to be associated with the k-word and that he found it humiliating.

It’s also a tale of how a “warm, friendly” 20-year relationship was torn asunder by a moment of white-hot fury as their business relationship collapsed. It was a relationship that even feisty politician Terror Lekota, who is friends with both men, couldn’t rescue despite his efforts at mediation, Titi said.

Communications Manager Mohale Molotsi, left, leaves the Randburg Magistrate’s Court in Johannesburg with Peter – Paul Ngwenya after the latter appeared on charges of crimen injuria brought by Investec chief executive Fani Titi after he called him the k- word, 23 April 2018. Picture: Nigel Sibanda

Released from Robben Island in 1991 after nearly five years, Ngwenya alleged that Titi owed him up to R54 million.

Titi claimed yesterday that the money, which is destined to go to shareholders in Ngwenya’s company, was being paid into Ngwenya’s private account.

Titi testified that the dispute arose when his company, acting on legal advice, wanted Ngwenya’s company’s bank details, which he alleged Ngwenya did not share. That’s when the SMS was sent, calling Titi a “QwaQwa k****r” and a “Bantustan boss” and threatening that he would “see his mother”, which Titi took as a threat as his mother is deceased.

The SMS, also directed at Titi’s business partner, Aqueel Patel, calls Patel a “bloody swine”, which Titi believed was chosen because Patel is a Muslim. The SMS was sent on June 23, 2016.

The charge against Ngwenya was only registered on December 14, 2016. It was this huge time gap that Ndebele hammered on.

Titi also said he had to prioritise his safety, which became even more of an issue when Ngwenya allegedly said he would not leave Makana Radio Communication, where Titi was on November 23, 2016, until he was paid. Titi claimed he was told that Ngwenya allegedly threatened to “kill these dogs”.

“If you don’t appreciate the fact that I’ve been dehumanised, that someone of my standing in this community and internationally has had to deal with this, I deal with an average of 100 different banks across the world, I’m off to an International Monetary Fund meeting, where my counterparts have to deal with the fact I’ve been dehumanised this way, so be it,” Titi told Ndebele.

– amandaw@citizen.co.za

Also read: Jaundiced Eye: You’d better watch your mouth, mlungu

For more news your way, follow The Citizen on Facebook and Twitter.