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Oct 06, 2019, 01:48

Cape Town - A Langebaan resident who was present on the night Eben Etzebeth got into a tussle with members of the Langebaan Yacht Club on August 24 said the rugby star was allegedly “already drunk and aggressive” when he and his friends arrived.

The resident, who spoke to Weekend Argus on condition of anonymity, said the row erupted when one of the coloured members of the club asked someone in Etzebeth’s group to remove his cap.

“The club’s rules state that you are not allowed to wear a cap inside the facility. Also, it is against the rules for a non-member to enter the club without being accompanied by a member. Eben and his friends are not members of the club,” said the resident.

Etzebeth and his friends allegedly took exception to being called to order by the member and the manager of the facility had to be called to break up the scuffle.

“They were rude and were swearing at the coloured members. They were displaying macho behaviour. They approached the coloured members and that’s when the drama started,” said the resident.

Etzebeth faces allegations of assault, wielding a firearm and hate speech.

This newspaper is in possession of a video that was allegedly taken when the incident occurred. The man, surrounded by his friends, can be seen demanding an apology from another person. This person’s face is not clear.

On Friday, in Hopefield, near Langebaan, senior legal advisor for the Human Rights Commission Boang Jones filed four applications on behalf of the two claimants at the Equality Court.

Enver Wilsnach and Siyaad Smith are claiming in papers that Etzebeth assaulted them and they are suing for damages in excess of R1 million.

Jones said the clerk of the Equality Court in Hopefield would inform Etzebeth through his lawyers that a case has been filed. He will have 10 days to file an answering affidavit.

The magistrate will have to make a decision whether the Equality Court is the correct forum to deal with this matter.

“If everything goes well we could meet with the magistrate for direction by mid-November and the case can even start in December,” said Jones.

In addition to the damages claim, the HRC is also demanding that Etzebeth do community service in Langebaan, that he attend anger management therapy and that he publicly apologise to the coloured community and to the citizens of South Africa.

Jones said the HRC would ask the Equality Court to declare the H-word hate speech, as the K-word has been.

He also confirmed that the HRC had been contacted by SA Rugby (Saru) lawyers who said the union had launched its own investigation and it had appointed a retired judge to lead it.

National convenor of the Khoisan Defiance Campaign Sammy Claassen said Etzebeth does have criminal charges to answer to.

“We laid criminal charges against Eben on August 25. He is tainted. South Africa has a serious crime problem, especially with guns. Nobody is above the law,” he said.

Claassen also hinted at “forces” that had already declared Etzebeth innocent and said this was counter-productive and should be condemned.

Claassen also took a swipe at Saru president Mark Alexander and called on him to resign.

“He has embarrassed our country. How could he allow a man who faces criminal charges to represent us at the Rugby World Cup?” he said.

Neither Etzebeth nor Saru had commented on the applications filed with the Equality Court by the time of publication.

Oct 06, 2019, 03:32

I'll wait for the movie ........ I can remember though once reading that EE & Kolisi are  more than just teammates, often socialising together with their respective partners.

Oct 06, 2019, 09:23

The video was taken at night so it's impossible to tell anything, someone mentions Etzebeth's name and points out that he's a Springbok, other than that there's a lot of swearing. My guess is that it's  Vetsak swearing at Eben. Can't say I blame Eben for giving him a snotklap.

Oct 06, 2019, 10:47

This whole thing is so sad and unnecessary. I hope Eben did not use a racial slur. I met his brother and some of his cousins...all of the struggle to live down the "Etzebet reputation" They are embarrassed by it. All nice and friendly lads....but mix in some brandy and a bit of baiting ...anything can happen.

The weapon thing bothers me. It was very irresponsible to go out partying with a gun.

Oct 06, 2019, 11:51

Damages. R1 MILLION Rand. 

Connect the dots oaks. 

Oct 06, 2019, 12:03

Denise are you coloured?

Oct 06, 2019, 14:54

Timing? Why?

What is h word and k word? For us non saffas?

I only know the n word...

Even tho the indig boys refer to medical staff in northern territory hospitals depending on levels of drunkeness as captain cook white c words... Lol... But that's funny as...

Oct 06, 2019, 15:03

Fatboy, are you white?

Oct 06, 2019, 15:04

What is h word and k word? For us non saffas?

H = hotnot, applying to coloured people. Basically a form of "hottentot", the term the Dutch settlers in the 17th century used to refer to the Khoikhoi people they encountered.

K = kaffer or kaffir, applying to black people

Oct 06, 2019, 16:29

Denise is 90kg fat?

Oct 06, 2019, 16:37


Oct 06, 2019, 16:54

Get your facts straight Denise - lying seems to be a compulsion of yours

Oct 06, 2019, 17:07

DD your comments on this issue are a reminder to all party goes to think before you drink.

I for one just trust that this whole issue is resolved peacefully for all.

Oct 06, 2019, 19:19

Yo Draad, how do you say fooked in Afrikaan?? We'll need that word a lot. 

Oct 06, 2019, 19:29 ons moer in:D.

Oct 06, 2019, 21:12

Welll it looks like Eben is toast. They say toast always lands butter side down, that means Eben lands on his face. Too bad, I really liked this guy. Too bad he cocked up in such a stupid way. Some dude was ribbing me about Tindall in 2011. This is soooo much worse. The bullshit boomerang flying around too much... thwack... blackeye. Careful Bokkies!

Oct 06, 2019, 22:17

"Welll it looks like Eben is toast."

White toast or brown toast?

Burnt black or slightly brown?

Oct 07, 2019, 02:07

Fatty, why do you accuse me of lying? It's most likely not the answer you want but it's an answer.

For the sake of clarity let me construct this for you.

You: Denise is 90kg fat? 

Me: depends

You: Get your facts straight Denise - lying seems to be a compulsion of yours 

 Obesity is weighed against a few things, height, BMI, DDI etc now if you want a precise answer then don't ask a stupid question and if you're stocky with chubby legs and around 5'2'' in height then I guess you are.


Oct 07, 2019, 08:31

If he used the A,B,C, D,E....words I don't care. Not even a bit. It's an insult. Nothing more.

If he pointed a firearm at unarmed persons whilst intoxicated then he should face trial. 

Oct 07, 2019, 08:47

There's talk of Eben being sent home to face a trial before the quarter-final. Also, SARU is going to conduct its own investigation. If they did that they might as well piggyback an investigation into Malema pointing a gun at a rally which btw didn't attract as much interest. Oh, the hypocrisy.....

Oct 07, 2019, 09:48

Didn't Malema also fire the gun? Sure I remember something like that.

Oct 07, 2019, 09:55

Oct 07, 2019, 09:56

Yes he did

Oct 07, 2019, 10:31

Don't bring Malema into it..he's above the law..a law unto himself.

Oct 07, 2019, 11:53

More balanced piece from City Press:

"Given the spot judgements that have abounded since the story broke, it’s hard to comprehend that the Eben Etzebeth assault and racism case was only referred to the equality court on Friday, presumably because of the many questions that needed to be answered to do so.

Typically in a country that, for the past few years, puts two and two together and comes up with five in practically every racial situation, Etzebeth – accused of assaulting a homeless man and calling him the H word on the eve of his departure for the Rugby World Cup in Japan with the Springboks – has been declared guilty or innocent almost exclusively based on whether you’re black or white.

If social media is anything to go by, living in South Africa is becoming a draining case of every individual being less that and only a representation of their race; a situation that renders all of us part of some herd or other.

A great example was the widely circulated video of Springbok wing Makazole Mapimpi seemingly being excluded from a post-match huddle by some of the white players in the team. The footage spread like wildfire and judgement was made that the Bok environment is a racist one.

But then the player released a video claiming that, as a starting XV player, he actually didn’t belong in said huddle because the replacements – apparently nicknamed the Boom Squad – have their own post-match celebration.

But the woke police dismissed Mapimpi’s utterances as a lie because he knows which side his bread is buttered on. While that scenario is obviously not implausible, it’s incredible how the original narrative prevailed due to opinion trumping what one would, at some level, have to entertain as Mapimpi’s facts.

The overriding thing about the Etzebeth situation for me is how many questions are still unanswered about it, which makes it a grey area and not the clear-cut case presented to us in social and traditional media circles.

The first is how is it that Etzebeth was not arrested and charged with assault and crimen injuria? My flimsy grasp of the law is that when you hit someone else, you get arrested, charged, appear in court, post bail and get a court date for trial.

Why this doesn’t seem to have happened in this case is worth asking because having Etzebeth languish in a Langebaan police station instead of being announced as part of the Bok squad may have persuaded SA Rugby – whose conduct has borne the hallmarks of an organisation hoping this would go away – to institute the belated investigation they did this week then, and prevent him from going to Japan.

Also, I thought Etzebeth was with a group of about 10 people, so why is he the only one being charged?

The noises coming out of the SA Human Rights Commission (SAHRC) have been incongruous, with commissioner Chris Nissen preaching innocence until proven guilty, while acting head of legal services Buang Jones was quoted as saying Etzebeth had been getting away with murder, would be made an example of and should be charged with attempted murder.

Forget the inflammatory nature of the latter’s statement, the contradiction in the SAHRC’s message is staggering.

Then there’s the news that the victims are now claiming more than R1 million in damages from the player.

Given the talk about one of the victims having had to return to hospital, the demand for money is understandable.

But few things weaken your quest for justice more than a demand for money, regardless of how you feel justice won’t be forthcoming.

Long story short, there are many unanswered questions in a case that has been badly handled all round, yet we’ve all made up our minds well before it makes it to court.

Follow me on Twitter @simxabanisa"

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