Peter-Paul Ngwenya fined R24K, suspended, for use of k-word on Investec’s CEO
The case has set legal precedent for apparently being the first time a black person has been convicted and sentenced for calling another black person a 'k****r'.
Defence lawyer Barry Roux, left, leaves the Randburg Magistrate’s Court in Johannesburg with Investec chief executive Fana Titi, after he brought charges of crimen injuria against Peter – Paul Ngwenya for calling him the k- word, 23 April 2018. Picture: Nigel Sibanda
In sentencing proceedings on Thursday, businessman Peter-Paul Ngwenya was fined R24,000, or 12 months’ imprisonment, for his use of the k-word when referring to a fellow black businessman.
The sentence was, however, wholly suspended for three years on condition that Ngwenya, who spent almost five years on Robben Island during the struggle, does not commit a similar offence during that period.
Sentencing proceedings had finally gone ahead in the Randburg Magistrate’s Court in Johannesburg after several delays.
Speaking to The Citizen after the verdict, Ngwenya confirmed the outcome and thanked those who had been supporting him during his trial.
Earlier this year the case had to be postponed as Ngwenya’s legal representative, advocate Nqabayethu Buthelezi, was busy with Dudu Myeni’s delinquency case in the High Court in Pretoria.
Ngwenya was last year convicted of crimen injuria after he used the k-word against his former friend of 20 years Fana Titi, Investec’s CEO.
In her judgment, Magistrate Pravina Raghoonandan found that the use of the word “is not part of the culture” and rejected Ngwenya’s defence that the use of the word could only be considered offensive if used by a white person, for historical reasons.
“The use of the word is hate speech,” the magistrate ruled. “It cannot be accepted that it is part of the culture, irrespective of race,” she said.
Ngwenya and Titi had fallen out over a dispute concerning R52 million in a business deal that had allegedly gone sour.
This resulted in Ngwenya calling Titi not only a “QwaQwa k****r”, but also a “bantustan boss” in a text message intended to be read by the managing director of MRC Media, Aqeel Patel.
In the same text message, Ngwenya told Patel “you will bleed” and that Titi “will see his mother”, which Titi considered a threat since his mother had passed on.
The court had previously heard how Ngwenya allegedly stormed into Titi’s business premises and allegedly threatened to kill him and his business associates.
This resulted in Titi obtaining a protection order against Ngwenya in October 2016, which prohibited Ngwenya from making direct or indirect contact with him.
Ngwenya had earlier been acquitted on two counts of contravening the protection orders and harassment.
(Background reporting, News24 Wire)
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