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Urination victim seeks compensation, apology

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The taxi driver urinated on from a nightclub balcony by a former model and UCT student wants the youngster to compensate him financially and issue a public apology.

Michelle Pius Nomgcana said he had become a target of mockery in his community “because a white guy urinated on me”, people stare at him wherever he goes and he feels humiliated.

Nomgcana’s claims are contained in papers before the Equality Court, the second round of his battle against Djavan Arrigone, who was found guilty in a separate criminal case of assault and crimen injuria.

The incident occurred at the Tiger Tiger nightclub in Claremont in January last year.

Nomgcana lodged the complaint with the Equality Court in September and proceedings are due to go ahead later this month.

He instituted the proceedings in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act and is claiming financial compensation for damages he suffered as a result of the incident and wants a public apology.

Nomgcana said in a statement attached to the court papers he feels humiliated.

“I am hurting so much and want him to take responsibility for what he did and for him to pay for humiliating me and ruining my life,” he said.

The incident had made him feel less of a person, he added, affecting his ability to work and the life of his family.He is claiming for loss of earnings and lifestyle.

The Equality Court proceedings come as sentencing approaches in Arrigone’s criminal case in the Wynberg Magistrate’s Court.

In that case, he was convicted of assault and crimen injuria for racist utterings he made to Nomgcana.

Nomgcana was under the nightclub balcony in Main Road waiting for passengers when he felt drops falling on him. He thought it was rain, but his companion told him someone was urinating on him from above.

During the trial Arrigone did not dispute he had urinated on Nomgcana, but denied acting intentionally.

He testified he had been drunk and not concerned about whether anyone was underneath the balcony when he decided to expose his genitals to patrons and urinate.

Magistrate Siviwe Yaki was however not persuaded by Arrigone’s claims, nor his attorney Ilse Taylor’s argument he lacked intention.

It was the first successful prosecution in a string of race-related cases before the Wynberg Magistrate’s Court at the time.

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