Police captain awarded R80,000 for defamation over racist posters

A police captain in Makhanda has secured R80,000 in damages from the South African Police Service after defamatory posters labeled her a 'white racist bitch' following a misinterpreted remark about vehicles. The incident stemmed from a 2020 comment construed as racist, leading to her dismissal and reinstatement. Judge Avinash Govindjee ruled the posters defamatory, holding SAPS vicariously liable despite no malice in the initial probe.

In December 2020, Captain Henrietta du Preez, then acting head of Visible Police Support at Joza police station in Makhanda, Eastern Cape, addressed officers during a parade. Responding to concerns about crime prevention vehicles under a colleague's command, she said: “If you pick up the monkey, you need to feed it,” meaning that taking on a responsibility requires handling its upkeep. She clarified in court that the term referred to the vehicles, not people, amid frustration over unresolved supply issues.

The remark, however, offended a colleague who reported it as a “racist expression” the next day, alleging Du Preez said the captain in charge should handle “his monkeys” while she managed hers. An investigation followed, charging her with misconduct, intimidation, and unfair discrimination. She was acquitted of intimidation but found guilty of discrimination and dismissed in June 2021. The Safety and Security Sector Bargaining Council later reinstated her, reassigning her to the Makhanda Stock Theft Unit.

Du Preez sued SAPS, claiming malicious false charges. Judge Govindjee found no malice in the disciplinary process but addressed posters plastered around the station on May 3, 2021—about 80 copies on walls, doors, and vehicles, including her office—calling her a “white racist bitch.” He deemed them defamatory, exposing her to contempt and harming her reputation among colleagues. Given the workplace context and likelihood that SAPS members on night duty created and posted them, he held SAPS vicariously liable.

The complainant described feeling “traumatised physically and emotionally,” viewing the word “monkeys” as dehumanizing. Govindjee noted South Africa's history, where terms like “monkey” evoke apartheid-era racism, as recognized by courts and the SA Human Rights Commission. He awarded R80,000, citing the posters' aggravating language and lack of proper investigation or apology, though publication was confined to station staff.

This case highlights ongoing sensitivities around language in diverse workplaces, echoing prior rulings on hate speech involving similar slurs.

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