Gauteng premier Panyaza Lesufi will not comment on the striking off the court roll of a criminal case against a white woman behind a racist WhatsApp voicenote calling for the killing of black men and the removal of black women’s wombs.
Last week, Belinda Magor’s criminal case of crimen injuria was struck off the court roll by the Boksburg magistrate’s court due to police investigations being incomplete.
Lesufi’s spokesperson, Sizwe Pamla, told Sunday World that the premier will not say anything on the matter being struck off the roll until he is “properly briefed” on it.
“He said he was not aware of it [case being struck off the roll] and therefore cannot comment without being properly briefed,” said Pamla.
When pressed for comment, Pamla said Lesufi does not know anything about the case being struck off the roll and will not saying regarding it.
Lesufi opened a criminal case against Magor, 61, at the Boksburg north police station in November 2022, after she recorded a one-minute-seven-seconds voicenote calling for black men to be killed and for the uteruses and ovaries of black women to be cut off, so that they “cannot procreate because they are worse than pitbulls”.
Magor made headlines when her voicenote was shared in a WhatsApp group for pitbull owners called Pitbulls Be My Voice in November 2022.
Group administrator disappointed
Meanwhile, the WhatsApp group administrator Nanandi Albers said she is disappointed that the matter was struck off the court roll.
“As a social justice and legal activist for both humans and people, I am deeply disappointed in that it has been a year later and the SAPS [SA Police Service] has not contacted anyone from the group, where the message originated, for a statement,” said Albers
“There is no excuse for that. Even worse is that the magistrate struck such an important matter from the roll.
“This is unacceptable. At the least they should have set a new date and demanded that the prosecution be ready.”
She explained further: “Penny Sparrow’s [infamous for describing black people as monkey] comment was not nearly as heinous as this one, and look how she was persecuted and prosecuted with vengeance.
“We also demand to know why has the [South African] Human Rights Commission taken a year to act. What kind of message is that sending out on the subject of such hate speech.
“This voicenote hugely agitated the situation around the pitbull issues, and hugely damaged the animal welfare world’s reputation.”
Penny Sparrow’s suspended sentence
In 2016, Sparrow pleaded guilty to a charge of crimen injuria after she said black beach-goers were monkeys in a Facebook post she wrote early in January 2016.
Sparrow was fined R5 000 by the Scottburgh magistrate’s court after pleading guilty to the charge.
She was punished with a two-year prison sentence suspended for five years. She died in 2019 from colon cancer.
The creator of the Pitbulls Be My Voice WhatsApp group, Rika Oosthuyzen, said the case needs to be reinstated.
“My opinion is that the case should be pushed for trial because the group has lost members because of this [voicenote]. It was becoming a big and popular group and members left after that,” said Oosthuyzen.
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“The breed has suffered a great deal because of this [voicenote] based on the comments made by the public on social media platforms.
“Animal welfare suffered greatly and lost donations due to public opinions on social media. My opinion is that it caused more racial hatred between people and this needs to stop and be tackled, not yesterday but today.”
Commission takes action
The SA Human Rights Commission (SAHRC) has taken Magor to the Equality Court in Johannesburg and wants her to pay R150 000 to an organisation advancing reconciliation and diversity.
This is because Magor refused to accede to the commission’s letter of demand to acknowledge in writing that her utterances amounted to unfair discrimination and hate speech.
She also refused to apologise unconditionally in writing to black people and black women for her utterances.
Andre Gaum, a commissioner at the SAHRC, told Sunday World that a date is yet to be set for verbal arguments to be heard in the Equality Court case.
“I think it will still take time for our case to be heard as the sheriff only managed to serve her recently with our papers,” said Gaum.
“She now has the time to file her reply if she wants to oppose. We can then reply to that, then the court will hold a directions hearing and probably set a court date.”
He said he has no comment on Magor’s criminal case being struck off the roll.
“It can be placed on the court roll again. The police should just make sure they are ready when that happens.”
