Mayongo v Preyer (EC03/2024) [2025] ZAEQC 5 (14 May 2025)

Mayongo v Preyer (EC03/2024) [2025] ZAEQC 5 (14 May 2025)

The court found that the respondent's conduct, both in the hospital and in relation to the proceedings, amounted to unfair discrimination on the basis of race and contempt of court. The respondent's use of racial slurs and offensive language towards the applicant, a nurse, was corroborated by another nurse and was not rebutted by the respondent, who failed to attend the inquiry and participate in the process. The respondent's absence was deliberate and without lawful excuse, undermining the rule of law and the administration of justice. The court emphasized the constitutional imperative to address racial discrimination and uphold equality, and ordered costs against the respondent,...

Citation
[2025] ZAEQC 5
Parties
Applicant: Funeka Mayongo; Respondent: Mark Preyer
Court
Equality Court
Jurisdiction
South Africa
Judgment Date
14 May 2025
Case Number
EC03/2024
Procedural Posture
Urgent Application / Inquiry Stage; Opposed Application for Damages and Apology Under PEPUDA
Outcome
The respondent is ordered to pay all costs occasioned by the viewing of the video footage and the hearing of 22 April 2025 within 30 days of the bill being provided. A warrant is authorized for the respondent's arrest. The matter is postponed to 3 June 2025, which may proceed in the respondent's absence.
Judges
DM Thulare
Legal Topics
Promotion of Equality and Prevention of Unfair Discrimination Act, Racial Discrimination, Contempt of Court, Damages, Public Apology
Constitutional Law Civil Procedure Promotion of Equality and Prevention of Unfair Discrimination Act Racial Discrimination Contempt of Court Damages Public Apology

Case Brief

Summary, issues, holding and outcome

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Parties

Funeka Mayongo

Applicant

Mark Preyer

Respondent

Procedural Posture

Urgent Application / Inquiry Stage; Opposed Application for Damages and Apology Under PEPUDA

Legal Issues

  1. 1 Whether the respondent's conduct constituted unfair discrimination on the basis of race under the Promotion of Equality and Prevention of Unfair Discrimination Act.
  2. 2 Whether the respondent's failure to attend court and participate in proceedings amounts to contempt of court.
  3. 3 Whether the complainant is entitled to damages and a public apology for the alleged conduct.

Ratio Decidendi

The court found that the respondent's conduct, both in the hospital and in relation to the proceedings, amounted to unfair discrimination on the basis of race and contempt of court. The respondent's use of racial slurs and offensive language towards the applicant, a nurse, was corroborated by another nurse and was not rebutted by the respondent, who failed to attend the inquiry and participate in the process. The respondent's absence was deliberate and without lawful excuse, undermining the rule of law and the administration of justice. The court emphasized the constitutional imperative to address racial discrimination and uphold equality, and ordered costs against the respondent,...

Court Disposition

The respondent is ordered to pay all costs occasioned by the viewing of the video footage and the hearing of 22 April 2025 within 30 days of the bill being provided. A warrant is authorized for the respondent's arrest. The matter is postponed to 3 June 2025, which may proceed in the respondent's absence.

Orders

  • The respondent is ordered to pay all costs, immediately taxable, occasioned by and of the viewing of the video footage, within 30 days of the bill being provided to him.
  • The respondent is ordered to pay all costs, immediately taxable, occasioned by and of the 22 April 2025 hearing, within 30 days of the bill being provided to him.