D-Day coming for Catzavelos – will court be lenient on racist?

Tomorrow is D-Day for convicted racist Adam Catzavelos, with the Randburg Magistrate’s Court expected to sentence the former businessman for the crimen injuria to which he last year pleaded guilty, after using the k-word in a viral video clip.

But a legal expert says Catzavelos might not face the court’s wrath in the same way as Vicki Momberg did.

Momberg in 2018 – just months before Catzavelos’ video clip surfaced – became the first South African to be jailed on crimen injuria charges when she was sentenced to two years imprisonment – also for using the k-word, also in a viral video clip.

She has since been released from prison, as part of a “special remission of sentence” that was announced by President Cyril Ramaphosa late last year.

Her sentence was, at the time it was handed down, welcomed by many – including the DA, which said it hoped Momberg’s jail term would be “a deterrent to those who may harbour any racist sentiments”.

René Koraan, a senior lecturer at the law faculty of North West University, says, however, that the court might be more lenient in Catzavelos’ case.

“I think that the cases are similar in nature, however, the circumstances surrounding them are quite different,” Koraan said yesterday. “The Momberg case did set a certain precedent and we may see a similar ruling handed down in the Adam Catzaelos case. But the accused’s remorse will also play a big role”.

Koraan pointed out that “even during her trial and sentencing, she [Momberg] was very unremorseful.”

“According to her, she did nothing wrong,” Koraan said.

During Momberg’s sentencing proceedings, the court heard that the real estate agent had told parole officers the k-word was “simply a swear word” and “should not be taken personally unless that person feels or believes they are what they are being called”.

In stark contrast, Catzavelos showed up to his last court appearance with a group of elderly black women – whom he called his “gogos” – in tow. When he took the stand, in mitigation of sentencing, Catzavelos told the court he had developed a deep relationship with these women while doing community service as part of a settlement agreement with the South African Human Rights Commission (SAHRC), which took Catzavelos to the Equality Court over his utterance. He said he was a changed man and apologised for the video clip.

In 2016, Penny Sparrow similarly made headlines when she took to Facebook and likened black people to monkeys.

A number of men and women from across the country – including Sparrow – have, since then, made headlines for similar comments and been hauled before the courts.

In its latest trends analysis, the SAHRC found that race-related complaints still made up the bulk of its workload.

“Unfair discrimination on the grounds of race, disability, and ethnic and social origin are the top three complaints,” the commission said, “Most of these cases involve the use of the k-word and other derogatory comments with racial undertones”.

In its 2018 / 2019 annual report, however, the National Prosecuting Authority quoted public prosecutor Yusuf Baba – who represented the state in its case against Momberg – as saying that he had noted a decrease in race-related matters in the criminal court he works at following Momberg’s sentence.

Adam Catzavelos sits with his Gogos from Orlando, where he does community service, during a break in proceedings. They have given him the name Mxolisi because he has apologised for his remarks. Randburg Magistrates Court, 13 February 2020. Picture: Neil McCartney

KATZAVELOS’ RACISM TIMELINE:

August 2018

– Catzavelos shoots a video of himself on holiday, on a beach in Greece, saying: “Let me give you a weather forecast here. Blue skies, beautiful day, amazing sea and not one k***** in sight. F****** heaven on earth. You cannot beat this”. He sends the video to a WhatsApp group. It finds its way into the public domain and goes viral.

– The EFF in Gauteng lays criminal charges against Catzavelos.

– Catzavelos is fired from his family business and banned from his children’s school

– Catzavelos issues an apology.

– The EFF marches on Catzavelos’ home.

– The SAHRC receives more than 50 complaints against Catzavelos.

May 2019

– Catzavelos makes his first appearance in the Randburg Magistrate’s Court on charges of crimen injuria.

June 2019

– Catzavelos’ lawyer, Lawley Shein, announces plans to apply to the director of public prosecutions (DPP) in Gauteng not to prosecute his client. Their argument is that the state does not have the jurisdiction to prosecute him because the offence took place in another country.

July 2019

– The SAHRC announces it is taking Catzavelos to the Equality Court for hate speech.

– Shein confirms Catzavelos also faces charges in Greece.

August 2019

– Magistrate Naren Sewnarain recuses himself in the Equality Court case because of a close relationship with Shein.

– The SAHRC and Catzavelos reach a settlement agreement in the case before the Equality Court, in terms of which he has to pay R150 000 over a period of 30 months and do community service.

– The NPA reveals Catzavelos’ application to the Gauteng DPP has been dismissed. He takes his application to the national DPP.

November 2019

– The NPA announces that the national DPP has also dismissed Catzavelos’ application.

December 2019

– Catzavelos pleads guilty to a charge of crimen injuria in the Randburg Magistrate’s Court

February 2020

– Catzavelos takes the stand in mitigation of sentencing and says he is a changed man. He is accompanied to court by a group of his “gogos”, who argue in mitigation of his sentence, and reveal his nickname is now “Mxolisi”, which means forgiveness.

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