Gumede v Mkhwanazi (59/2005) [2005] ZAEQC 2 (8 November 2005)

Gumede v Mkhwanazi (59/2005) [2005] ZAEQC 2 (8 November 2005)

The court found that the only independent witness, Councillor Shezi, did not hear the respondent utter the alleged words. His evidence was accepted as truthful and impartial. The applicant's evidence was not corroborated by any independent source, and the respondent's denial was supported by her witness. The court concluded that the complainant failed to discharge the burden of proof required to establish that the respondent made the offending statement. Accordingly, the complaint was dismissed.

Citation
[2005] ZAEQC 2
Parties
Applicant: C B Gumede; Respondent: P F Mkhwanazi
Court
Equality Court
Jurisdiction
South Africa
Judgment Date
8 November 2005
Case Number
59/2005
Procedural Posture
Civil Application / Final Judgment
Outcome
Complaint dismissed.
Judges
G L Abrahams
Legal Topics
Promotion of Equality and Prevention of Unfair Discrimination Act, Hate Speech, Defamation, Burden of Proof
Constitutional Law Promotion of Equality and Prevention of Unfair Discrimination Act Hate Speech Defamation Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

C B Gumede

Applicant

P F Mkhwanazi

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether the respondent uttered words amounting to hate speech or unfair discrimination against the complainant.
  2. 2 Whether the evidence supports the complainant's allegation that the respondent called him a homosexual in a derogatory manner.
  3. 3 Whether the complainant is entitled to an apology or other relief under the Promotion of Equality and Prevention of Unfair Discrimination Act.

Ratio Decidendi

The court found that the only independent witness, Councillor Shezi, did not hear the respondent utter the alleged words. His evidence was accepted as truthful and impartial. The applicant's evidence was not corroborated by any independent source, and the respondent's denial was supported by her witness. The court concluded that the complainant failed to discharge the burden of proof required to establish that the respondent made the offending statement. Accordingly, the complaint was dismissed.

Court Disposition

Complaint dismissed.

Orders

  • The complaint is dismissed.