Police in Gqeberha are investigating cases of assault and crimen injuria following an alleged racial altercation at a ski boat club during the early hours of New Year’s Day.
This comes after Vincent Nair, 62, a member of the Noordhoek Ski Boat Club, reported a case against fellow clubmate Marco van Tonder following the alleged racial confrontation.
Police spokesperson Captain Sandra Janse van Rensburg confirmed that the matter was under investigation.
In a sworn statement given later the same day, the retired businessman said he was at the popular club in Marine Drive having fun with his friends and celebrating New Year’s Eve when, at around midnight, Van Tonder entered the venue.
He said he was seated next to former lawyer and chief executive of the law society, Raj Daya, when Van Tonder approached them.
“He [allegedly] said there were coolies and coloureds in the place. Raj was shocked and asked Mr Van Tonder to leave.
“I approached Van Tonder and asked him ‘who is a coolie?’ He then [allegedly] said I am a coolie po*s.
“I told him he cannot use such derogatory and defamatory terms. He then [allegedly] poked me with his finger and pushed me,” Nair said.
Nair admitted that he then pushed Van Tonder back.
“He [allegedly] punched me in the face and I fought back,” the Summerstrand resident said.
He said club employee Tinus Botha pulled Van Tonder away.
“He was removed immediately from the [club house].”
He said the incident was reported to club manager Piet Botha, who immediately arrived at the scene.
Nair said he had no physical injuries other than a painful right hand.
“I did not give anyone the right [or] permission to insult and beat me,” Nair wrote.
Approached for comment about the claims against him, Van Tonder said: “That is what [Nair] is alleging.
“It was a New Year’s Eve party. Everyone had a bit too much sun and too many beers. But I’m sure there will be video footage.
“I actually greeted them and shook their hands and said happy New Year. There were four of them.
“Another gentleman and I walked back to where we were camping and then the one came after me.
“What happened from there I cannot remember, to be honest with you. I cannot remember.”
Van Tonder said he had not yet been contacted by the police with regard to the case.
“I think it is very unnecessary, to be honest with you.
“I’m not a racist, I promise.
“This is not the old SA anymore.
“Everyone must know it by now.”
Botha said the club was aware of the incident.
But, he said, the full details were still unclear as both parties were seemingly under the influence of alcohol.
“As per the club`s constitution, a full investigation will be conducted regarding the incident,” Botha said.
“We consider this in a very serious light, but we need to get both parties’ versions.”
He said the club’s disciplinary committee was still on leave until January 7.
A hearing had therefore been scheduled for 4pm on January 8.
“Both parties will get a chance to present their version of the incident,” he said.
“Once the disciplinary committee has heard all the evidence, the appropriate action will be taken.”
Daya has also since addressed a written complaint to the club, which Botha said they had not yet seen.
Van Tonder, meanwhile, said he was aware of the formal complaint.
In the complaint, seen by The Herald, Daya said: “This is an official complaint involving [alleged] racism on New Year’s Eve.”
He said that during the incident, he was in the company of Nair, Pooven Naidu and Brigadier Penny Pillay’s son, Daniel, and his female friend.
An unknown white man, whom he later learnt was Van Tonder, approached them at their table and allegedly said: “This club has too many coloureds and coolies like you visiting.”
Daya said he took immediate offence to the alleged comment and told him that his language and behaviour were unacceptable.
He said he told Van Tonder that he took personal offence to being called a “coolie” and considered it racist, defamatory and derogatory.
“I requested he kindly leave as I did not want to get involved in an argument as I realised the person was clearly inebriated,” Daya wrote.
“I found no reason to inform this person that I was a member of the club as that was immaterial to the racist and derogatory comments [allegedly] levelled against me and all those [at my table].”
He said Van Tonder went outside and Nair confronted him about what he had allegedly uttered.
“I saw and overheard an argument and this person became aggressive,” he wrote further.
“I saw him push his fingers into Vincent Nair’s chest and push him. Nair acted in self-defence and an altercation arose.”
Daya said he was aware that Nair had reported criminal complaints of crimen injuria and assault against Van Tonder.
“I intend opening a charge of crimen injuria against this person as well.
“I require the club to fully investigate this matter and demand his expulsion.
“In this day and age of celebrating our diversity through unity, these acts of intolerance and racism must be called out for what it is.
“It is important that the club takes firm steps in its newsletter to highlight the rules and reinforce that racism in any form is unacceptable, will not be tolerated, and that action against all offenders will be taken.”
He said it was also his intention to escalate the matter to the SA Human Rights Commission.
Daya said he was liaising with a legal colleague in this regard.
Police probe ‘racial altercation’ at ski boat club
The Herald






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