A truck driver who opened a case of crimen injuria against his former employer for calling him a K-word in December says he is still waiting for the justice system to take its course.
Michael Makola, 49, from GaSekgopo village outside Modjadjiskloof in Limpopo, who worked as a long-distance truck driver for Yankee Trading Pty Ltd for almost two years, said he opened a case against his employer Duncan Hawthorne at Modjadjiskloof police station after he called him a K-word during their telephonic conversation.
"The incident happened in September last year but I opened the case in December after I got advise from my friends. I was transporting tomatoes from Rustenburg to Nelspruit when my employer sent me R7,000 for fuel and toll gate fees," Makola said.
"I then withdrew all the money and used R6,400 for petrol. He later called me that I should give the other driver R3,000 also for petrol. I explained to him that I had already used the money for petrol and he started insulting me," said Makola.
He added that Hawthorne called him the K-word and other imprintable words.
In the recorded conversation between the two, Hawthorne, speaking in Afrikaans, could be heard calling Makola the K-word.
" You don't f*****n listen, you are stupid. I told you to share the money with other drivers, now they [are] calling me for diesel. You don't hear you f*****n K*****," he said.
The hurling of insults went ahead despite Makola asking for forgiveness.
Hawthorne confirmed that he called Makola the K-word.
" As far as I remember the matter has been resolved. I will check with my lawyer for the details and I will call you back," he said.
However, Makola has denied that the matter was resolved.
"No-one gave me a progress report about my case. I want justice because Hawthorne humiliated me and made me less of a man," Makola said.
"The working environment was no longer good for me after I opened the case. I was dismissed together with other drivers last month after we demanded our salaries."
Brig Motlafela Mojapelo confirmed that Makola had opened a case of crimen injuria against Hawthorne.
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Mojapelo said they referred the recordings as evidence to the National Prosecuting Authority (NPA) for a decision but it declined to prosecute.
NPA spokesperson in Limpopo, Mashudu Malabi-Nzhangi, said the complainant should have been served with a letter informing him that the matter will not be prosecuted.
"We advise the complainant to contact our offices and we will follow the matter up to find out why he was not been given the letter," she said.
The SA Human Rights Commission provincial manager, Victor Mavhidula, said the recording was very bad and urged Makola to approach his office and lodge a complaint, adding that they would follow the matter through the Equality Court.
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