Racist charge: man acquitted

AN EASTERN Cape man accused of calling his partying neighbours "Zuma's baboons" before firing a shot in the air, has been acquitted after the court found that the complainants had "lied" under oath.

Magistrate Matilda Smith said the testimony from the six state witnesses was the worst she had heard in years.

The Middelburg Magistrate's Court yesterday found Carel Ellis, 43, not guilty of 11 charges, including housebreaking, malicious damage to property, crimen injuria, assault, negligent discharge of a firearm, handling a firearm while under the influence of alcohol, and pointing a firearm.

He was arrested in November 2012 after his Church Street, Middelburg, neighbours accused him of storming into their house while they hosted a birthday party and threatening to kill them.

During the trial last year, the court heard how Ellis, who has been medically boarded from work, kicked down the door to Sindiswa Mfamana's house, pointed a gun at several partygoers and threatened to shoot them.

Mfamana, 27, claimed that when they refused to turn the music down, Ellis threatened to burn the house down and fired a shot in the street outside.

According to one witness, Ellis shouted: "Keep quiet Zuma's baboons. I will kill you."

It was also alleged that Ellis assaulted one partygoer with an empty beer bottle.

Mfamana is the daughter of ANC Chris Hani district regional secretary Noncedo Zonke.

While Ellis admitted to carrying a gun, his attorney, Ryno Scholtz, told the court that he believed his life was in danger.

After the state closed its case in November last year, Scholtz brought an application for the early discharge of his client due to insufficient evidence.

He said all six witnesses, including Mfamana, Zonke and Sibusiso Nilakazi, who works in police intelligence, had contradicted themselves.

And yesterday, Smith agreed.

Highlighting one of the many contradictions, Smith said the witnesses' recollections of how Ellis handled his firearm on the night varied significantly.

"The court listened to the six witnesses and I now sit with six different versions before me. They contradicted each other ... and I cannot find any one version credible," she said.

Smith dismissed all charges.

A relieved Ellis said it was hard being labelled a racist in a small town. "I hope we can now all move on with our lives and live together as good neighbours."