A Germiston magistrate has come under fire for finding that calling a white man the K-word is even more degrading than using it to describe a black man, says a Sunday Times report. ‘Use of this word disparages the black race,’ Magistrate Dipuo Mputla stated. ‘In my view a white man would feel even more degraded to be seen as qualifying to be addressed as such, and that will injure his dignity more.’

The magistrate made these findings in a landmark ruling in which she convicted retired Lieutenant-Colonel Johannes Kemp of crimen injuria for calling businessman Mark Maitland the K-word in the presence of two black police officers. The incident happened a decade ago, but the NPA declined to press charges against Kemp.

Maitland then applied to bring a private prosecution and – represented by former NPA acting head Mokotedi Mpshe – successfully sought Kemp’s conviction.

In her ruling Mputla said: ‘It was the accused’s argument further that should the court make a finding that the words uttered constituted crimen injuria, the court should have regard to the fact that (Maitland) is not a black man and cannot possibly be injured by the word kaffir since he is not black. The converse in my view should also stand true, that referring to a white man as kaffir could be even more injurious since the word is commonly used in reference to black people.’

The Human Rights Commission has expressed disquiet about this rationale, says the report. In an e-mail to Maitland, the commission’s Kelly-Anne Cleophas says it regards ‘the reasoning of the magistrate ... to be highly problematic, especially the reasoning relating to the use and impact of the K-word. The commission will consider reporting the judgment to the Magistrates’ Commission to investigate.’

Full Sunday Times report (subscription needed)