1/31/2006 8:47:08 AM
Durban - The formal court hearing of the KwaZulu-Natal head of the Independent Complaints Directorate, accused of making racist remarks, began on Monday with heated arguments and at one stage the complainant was bordering on doing exactly what he has accused ICD head Shireen Lakhi of.
Presiding officer Geoff Abrahams intervened when during cross-examination Nkonzwenhle Mqadi stated that "these Indians have their own agenda". He was referring to being arrested several times by Indian policemen.
When Abrahams asked Mqadi whether he was not doing the same as the complaint that he has brought to the Equality Court, he become emotional and indicated that he said it because of pain and anger.
Mqadi said he approached the ICD to investigate police brutality he experienced and that Lakhi's legal representative Jacqui Henriques was using those "painful memories" to the respondent's advantage.
"I don't care if I'm in contempt of court but I feel like I am not fit to go on. They are trying to make a fool out of me. This woman is just trying to invoke pain in me. This has no relevance to the complaint," he said.
In response Henriques said questions about his arrests was to prove if he is a credible witness.
Repeatedly arrested
Earlier Mqadi said he brought his case after he experienced "pain, shock, humiliation and ridicule at the hands of Lakhi".
He said he initially approached the ICD to investigate alleged ill-treatment by police when he was repeatedly arrested for charges such as assault and pointing a firearm. He said after a few unsatisfactory letters from an ICD investigator, he approached a secretary at the ICD to make an appointment with Lakhi.
After he made the appointment, he went back to the office to confirm that he was to meet with Lakhi. He alleges that the secretary told him the appointment was scheduled for September 13 and that he should not be late as "you know Miss Lakhi is a very cheeky person".
Mqadi said that on September 13 he entered the ICD office and greeted Lakhi in the reception area. He says he pointed out that he was 15 minutes early for their meeting.
He claims Lakhi's response was: "I do not have any appointment with you. To hell with that Miss Lapke and she is not my secretary to make appointments for me. I am fed up with you Africans who think they are clever to consult with me when there are junior investigators to attend to your matters."
Mqadi claims that when Lakhi's voice got louder another ICD employee came into the room and tried to calm her down.
Ncgobo will give evidence on Wednesday.
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