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Racial slurs will land you in jail – expert

I have been called the “K” word by someone who comes from a family of educators employed in the schooling system. This is the disappointing factor, teachers using the racial slur - resident speaks.

SOUTH resident and national director of information and system management at the National Prosecuting Authority (NPA), Imraan Khan (48), warns residents that they can and will be punished for using racial slurs.

“I have been called the “K” word by someone who comes from a family of educators employed in the schooling system. This is the disappointing factor, teachers using the racial slur,” Khan told the COURIER.

In a case (Prinsloo v State) heard in July of 2014, an appellant was convicted by the Bloemfontein Magistrate Court for crimen injura (criminal defamation) as the court held that the word ‘Kaffir’ is racially abusive and offensive as it was used in an injurious sense, and the use of the word was an unlawful aggression on dignity.

The court noted further that: “In our racist past it was used to hurt, humiliate, denigrate and dehumanise Africans. This obnoxious word caused untold sorrow and pain to the feelings and dignity of the African people of this country.”

The Supreme Court of Appeals agreed that, “Such conduct seeks to negate the valiant efforts made to break from the past and has no place in a country like ours which is founded upon the democratic values of human dignity, and the advancement of human rights and freedoms.”

Victim’s rights in such situations:

1. The Department of Justice Equality courts will welcome the complaint at the Johannesburg Magistrate Courts, small claims court, which can be contacted on 011 491 5000 or 011 639 0301 or reached by fax at 011 834 1222 or 011 836 0671 or visit 26 Fox Street in Johannesburg at the corner of Fox and West streets.

The Palm Ridge Magistrate Court also welcomes claims at the Small Claims Court on 010 232 2000/2001 or visit corner of K146 and Palmridge roads in Alberton.

2. Report the matter to the South African Police Service (SAPS) and open a case of crimen injuria. When reporting prepare an affidavit with details of witnesses or CCTV video footage, if any. Make references to recordings if taken on cellphones. Also stress the fact that witnesses can be made available to attest in court.

3. Consult with organisations such as Afriforum.

AfriForum is a non-governmental organisation, registered as a non-profit company, with the aim of protecting the rights of minorities. While the organisation functions on the internationally recognised principle of the protection of minorities, membership is, however, not exclusive, and any person who can associate him or herself with the contents of the Civil Rights Manifest of the organisation, may join.

4. Speak out. Many forums such as LEAD SA, media correspondences in your area, schools etc, need to be educated and sensitized.

Also Read:

Racism does not exist – believe in the South African dream

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