Truck driver awarded R25 000 over k-word slur
· Citizen
A truck driver who was called the k-word by a co-worker has been awarded R25 000 in damages by the Equality Court in George, Western Cape, in a judgment that also ordered a formal apology and anti-racism training for the perpetrator.
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K-word judgment
The judgment, delivered on 25 June 2026, followed an incident in which the applicant was subjected to repeated use of the k-word by his co-worker at their workplace on 29 November 2024.
The court heard the matter on 6 May 2026 after the applicant, who said the incident left him feeling belittled and emotionally distressed, approached the court with the assistance of Legal Aid South Africa.
According to Legal Aid South Africa, the applicant was walking towards a truck at his workplace when his co-worker stopped alongside him and directed several derogatory remarks at him, repeatedly using the k-word, before driving off.
The applicant immediately reported the incident to his employer, and disciplinary action was taken against the co-worker, resulting in the termination of their employment.
However, the disciplinary measures did not resolve the emotional impact of the abuse, prompting the truck driver to seek legal recourse.
“Since the incident, I felt a suffocating heaviness and felt trapped under the weight on my shoulders. The judgment brought an overwhelming sense of relief as my dignity and self-respect are now restored,” the applicant said.
Legal Aid South Africa assigned civil legal practitioner Lurine Piek to represent him in the Court proceedings.
Piek issued a witness summons to obtain video footage of the incident, which clearly captured the respondent’s derogatory remarks, and was subsequently submitted as evidence before the court.
In her argument, Piek relied on section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act (Pepuda), which bars certain forms of hate speech.
She argued that conduct based on race that impairs a person’s human dignity amounts to unfair discrimination.
‘Deeply degrading’ racial slur
The court ordered the respondent to issue a formal written apology to the applicant and submit a copy to the court clerk.
Piek said the courts had consistently recognised the k-word as an exceptionally degrading racial slur that constitutes hate speech because of its inherent humiliation and assault on human dignity.
“The k-word has been recognised by the courts as a deeply degrading racial epithet and quintessential hate speech. It is trite law, and the Equality Courts consistently classify racial slurs, including the k-word, as hate speech due to the inherent humiliation and assault on dignity they inflict,” she added.