Friday, 22 February 2008
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Dear All,

There is a rather disturbing story of yet another farmer terrorising a poor black family (mother and children). On Monday, the Land Legal Cluster was successful in securing a court interdict preventing Mr. Collin deGaspery from attacking the Masikane family. On Wednesday, Mr. de Gaspery’s lawyers were served with papers which, apparently were served to him yesterday. Upon receiving the interdict de Gaspery went straight to the Masikane family and physically attacked them.

As Ms. Fikile Masikane and her children ran helter-skelter, Dudu who is in grade 9 couldn’t escape Collin’s attack. He grabbed her and shoved her on to the ground while insulting her verbally. The family later called the police who came after several hours. After listening to their complaints, the police told the family that they had, on their way to the farm, seen de Gasprey driving from the farm. As a result, there was nothing they could do since the farmer was not at his home. The family had planned to open a case of assault against de Gaspery today. They had planned to do this upon Dudu’s return from school but unfortunately, before the family could even open a case, the police arrived at the family home to arrest Dudu for assault.

More than ten years into democracy and yet people are still victimised and the justice system dismally fails to protect the very same people it was created to serve. It is a shame.

For more information on this Masikane case please contact Thulani Masikane on 0768802851

Yours sincerely,

Rev. Thulani Ndlazi

Update: It is about 19:30 now. I have just returned from the Masikane family where the police from Rietvlei Police Station had come to the Masikane home to formally charge Dudu, a 17 year old grade 9 learner. Dudu left school this afternoon to be greeted by a her lawyer who had been arranged to provide her with legal advise with regard to her imminent charges. The lawyer and I picked Dudu up from school and drove her home. Upon her arrival at home there were two police officers waiting for her in order to charge her with assault. The lawyer negotiated with them. According to some section in the law (which I have forgotten) they did not have to detain her. Nevertheless, she was formally charged and she will be appearing in Greytown magistrate court tomorrow morning. Dudu’s mother Fikile Masikane also opend a case of assault against the farmer.