‘Tribalism, not racism’
JOBURG – The defence advocate in the black businessman k-word case said there is no complaint in the crimen injuria case that his client is charged for, therefore, he should not be prosecuted.
The defence in the case against Peter-Paul Ngwenya has labelled the state’s case against its client as weak.
Ngwenya is charged with two counts of contravening a protection order that his business associates, Aqueel Patel and Fani Titi had obtained against him. He also faces a further charge of crimen injuria, after he allegedly referred to Titi as a Qwa-Qwa k*****.
Counsel for Ngwenya, Advocate Benny Buthelezi told the court that his client didn’t breach any terms of the protection order obtained against him. He said the protection order didn’t prohibit the accused from being at the premises of MRC Media in Sandhurst, as he is also a director at the company.
Buthelezi also told the court that he was surprised at how the crimen injuria charge was included on the charge sheet as no case was opened. “I want to know the empowering legislation that the state used to bring itself to lay charges and continue to prosecute the accused on a charge that there is no complainant on,” Buthelezi said. He continued, “The charge of crimen injuria can’t emanate from the feelings of the prosecutor. The complainant must have felt humiliated.”
Buthelezi maintained that Titi, who was allegedly referred to as a Qwa Qwa k****, didn’t really feel humiliated by that statement. Buthelezi went on to refer to the Vicky Momberg case and said the case had complainants. He said the police officer who felt degraded and humiliated by utterances made by Momberg, went on to open a criminal case.
“That is not the case here. Titi never opened a criminal case. We are talking here about someone who was not starved of legal advice. He is someone who is also able to bring a senior counsel [Advocate Barry Roux] and two attorneys on a [watching] brief ,” Buthelezi said and was immediately asked by the magistrate to refrain from personal attacks.
Buthelezi also said the charge sheet is defective. He pointed out that there is no explanation on the prohibition, as per the protection order, that has been contravened.
In response, State Prosecutor Yusuf Baba opposed the application by the defence. Baba said the state had a prima facie case against the accused and Ngwenya had a case to answer. The prosecutor said if the defence had a problem with the charge sheet, they should have challenged that prior to proceedings.
On pursuing the crimen injuria charge, Baba said the National Prosecuting Authority Act (NPA) made a provision for the state to pursue matters on behalf of complainants. Baba said the state was duty-bound to protect the rights of individuals, adding that the final prerogative lay with the state.
On the defence drawing a comparison with the Momberg case, Baba said this current case was more aggressive than the Momberg one. He mentioned that this was not about racism but hate speech and violation of the dignity of the complainant. He said everyone must be treated with dignity and respect.
Baba also told the court how the alleged utterances had an element of tribalism as Titi, who is Venda, was referred to as a Qwa Qwa k****.
The case has been remanded to 5 July for judgement to be handed down on the application brought by the defence to have charges against the accused discharged.
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State wants convicted racist sent to jail while defence believes Momberg needs psychological help
