Landmark victory: Edgemead race case

The South African Human Rights Commission (SAHRC) has won the case on behalf of Nosipho Mkize, a learner at Edgemead High School, who was allegedly assaulted by Shannon Ferreira, Ferreira’s daughter Nameer and her boyfriend Byron Shaw on the 6th of November last year. Mkize also alleged that Nameer’s mother used racist remarks against her while the assault took place. The SAHRC assisted Mkize in lodging a complaint with the Equality Court.

The case was heard today in Blue Downs Magistrate court in the Western Cape and the following settlement was reached:

• It is recorded that Shannon Ferreira, Nameer Ferreira, and Byron Shaw have tendered an unconditional apology to Nosipho Mkize and her parents for the incident that occurred at the Edgemead High School on 6 November 2003, in the following terms: “We, Shannon Ferreira, Nameer Ferreira and Byron Shaw, have tendered an unconditional apology to Nosipho Mkhize and her parents for the incident, during the course of which words were uttered that had racial overtones, which was in contravention of the Promotion of Equality and Prevention of Unfair Discrimination Act . We understand that this incident was deeply hurtful to Nosipho and her family. It affronted her basic human dignity and sent out a signal that she was less worthy of respect than other pupils at Edgemead High School. We sincerely regret this incident and apologise unreservedly to Nosipho and her family.”
• It is further recorded that Nosipho Mkize and her parents have accepted such apology.
• Further, Shannon Ferreira will make payment of R10 000-00 to the Imizamo Yethu Creche in Khayelitsha.  The aforesaid amount will be paid at the rate of R 300.00 per month commencing on 1 May 2004.
• The Ferreiras and Byron Shaw are directed to attend a diversity and racial sensitisation programme under the auspices of the Human Rights Commission. The Human Rights Commission will furnish the details of such programme to them within fourteen (14) days of the date of this Order and shall further certify that each of the first, second and third respondents have duly completed such programme.
• That the Edgemead high, without admission of liability, consents to undergo an audit of its policies and practices which include an assessment of the investigation of the of the incident that occurred on the 6th of November 2003.
• Depending on the outcome of the audit referred to above, applicant (Nosipho Mkize) and the Human Rights Commission reserve the right at any further hearing of the matter, on reasonable notice to the Edgemead High.
• Each party shall bear his or her own costs in relation to these proceedings.