The Equality Court in Muizenburg in the Western Cape has ruled that the words ‘black bitch’ and ‘kaffir’ are hurtful. A Times Select report says Ronald Fivelman (66) has been ordered to give an unconditional written apology to Nomtha Macala (37), the woman on the receiving end of those words.

In October 2017, Fivelman and Macala got into a heated argument over a parking bay outside Fivelman’s house. According to affidavits filed during the two-day trial in November 2018, racial slurs were uttered by both parties.

In her judgment, Magistrate Xoliswa Ndoyana ordered Fivelman to write an apology to Macala, within 21 days of her judgment, wherein he admits using the derogatory words on Macala.

‘He must retract the words while admitting that these words were armful, hurtful, and apologise unconditionally for their usage,’ reads the judgment.

The magistrate also said the use of the words by a white man to a black woman could be reasonably construed to be disparaging, derogatory and causing humiliation. In her judgment, Ndoyana said after weighing all the evidence, her finding was that Macala’s version was more probable and true.

‘The version of the respondent is full of improbabilities and I have no doubt rejecting it wherever it contradicts that of the complainant,’ reads the judgment.

Macala was, however, unsuccessful in requesting that Fivelman pay her legal costs. The court ordered that both parties pay their own costs.

The court also turned down her request to be awarded damages.

Full Times Select report