Is the K-word still racist when used by a black person? It is this question that is at the heart of a crimen injuria case being brought by Investec CEO Fana Titi against his erstwhile business associate, Peter-Paul Ngwenya. And it is one of the crucial areas of debate about the highly contested Prevention and Combating of Hate Crimes and Hate Speech Bill, which was approved by the Cabinet on Tuesday and will soon come before Parliament. Titi and Ngwenya have been involved in a long-running business feud that resulted in Titi obtaining a Protection from Harassment Act order against Ngwenya in the Randburg Magistrate’s Court. Last year, the Sunday Times reported that the two former friends had turned against each other in a fight over shares they bought in Gagasi FM and Heart FM, which were worth millions of rand. Ngwenya is now on trial for allegedly contravening that order. In what is thought to be a legal first, Titi is also pursuing a crimen injuria case against Ngwenya for sendin...
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