The prosecutor in the case, advocate Yusuf Baba, referred to the matter in the trial of convicted racist Vicki Momberg, who suggested that the state was only pursuing her over her video-taped and repeated use of the k-word because she was white.

“We prosecute all cases involving the k-word in this court,” Baba said.

Titi has started testifying in the case, and will face cross-examination from Ngwenya’s lawyers when he returns to court to fight the case later this month.

But a crucial question that still needs to be answered is whether Ngwenya’s identity as a black man may be used as a defence of his alleged use of the k-word.

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