A man who became impatient in an emergency room as he did not receive immediate treatment, was found guilty of committing hate speech after he swore at a nurse on duty.
Image: File
Racist abuse hurled against a Mediclinic nurse in Cape Town amounted to hate speech and harassment, the Equality Court has ruled.
The patient, who was unhappy because he had to wait before he was assisted, unleashed a stream of racial and gender abuse at the emergency room nurse, who said she was humiliated in the process.
Mark Preyer landed in hot water after he used the "k" word towards nurse Funeka Mayongo during a visit to the clinic in February last year. He also called her a "f... bitch" and aimed words towards her mother.
The problems started when Preyer was not coded as a priority patient and there were other patients who required priority attention before him. According to the receptionist, Preyer, who was at the time outside the emergency care entrance, tried to forcefully open the door to the emergency unit. She noted a minor wound on Preyer’s foot, and she then explained to him that the trauma unit was busy and that he should join the other patients who were already in the waiting area.
Preyer refused to accept that he had to wait for up to an hour or two, nor that he had to join the queue and wait his turn. He demanded immediate attention. The behaviour of Preyer led to the receptionist approaching Mayongo. The receptionist could not hear what was said between the two of them, but she later saw Mayongo leaving the adjacent room, crying.
Mayongo testified that she saw the wound on Preyer's foot and concluded that it was not an emergency and priority case. While asking him questions, Preyer got angry and started swearing at her. It was a verbal attack full of obscenities. Preyer, among others, addressed her by the "k" word.
Preyer asked if there was nobody else that could help him besides her. The traumatised Mayongo left the room hurt, upset and crying, and went to report to her superiors. The behaviour of Preyer caused him to be given only the necessary care and be escorted out of the hospital.
Preyer’s case was that he was travelling on a motorcycle when it fell on him and injured his foot. According to him, it was a deep flesh open wound on his right shin. He went to the nearest hospital for emergency treatment and claimed that the receptionist appeared disinterested as she was busy on the phone.
Preyer claimed that the nurse also looked up at him with an expression of naked hostility while his wound was "dripping blood". This further angered him, and he felt that he was deliberately mistreated.
His feeling was that he was being racially prejudiced. He, however, denied calling her by the "k" word. He said he was usually a calm person, so he was not proud that he lost his temper.
Judge Daniel Thulare noted that Preyer was impatient and angry and that he did make the utterances, as this was supported by other witnesses.
“It seems to me that racists have a fragile ego. Where their flaws are exposed, they blame their victims to maintain their image and to avoid shame,” Judge Thulare said.
The judge added that Preyer’s version is on a balance of probabilities, false.
“It is what in English law is called a cock and bull story".
The matter will return to court to decide on a sanction.
Cape Times