Nigerian family lauds South African court verdict in discrimination case

Rev. Levi Anyikwa
The family of a South Africa-based Nigerian surgeon, Dr. Anderson Chinedu Anyikwa, has commended the Equality Court of South Africa (Eastern Cape, Port Elizabeth) for the landmark judgement in favour of their son in a discrimination case he instituted four years ago against Port-Elizabeth restaurant, Cubana Cocktail Bar and Cigar Lounge.
Spokesman of the family, Rev. Levi Anyikwa, described the Equality Court as “a real temple of justice” and the judgement as “a landmark judgment and reference point”. According to Rev. Anyikwa, the judgement has demonstrated that even if some South Africans are xenophobic, the institutions are not necessarily so. The family also commended Dr. Anyikwa’s lawyer, Charl Vollgraaff, for doing “a good job of the case”.
Justice Jeremy D. Pickering of the Equality Court had on September 5, 2014, ruled that Dr. Anyikwa was refused entry four years ago to the Port Elizabeth restaurant and was discriminated against simply because he is a Nigerian. The Court ordered Cubana Cocktail Bar and Cigar Lounge to pay Dr. Anyikwa, trainee neuro-surgeon the sum of R40,000 [about N600,000] as damages and additional payment for litigation cost. The amount, the court said, was “for the impairment of his dignity and emotional and psychological suffering”.
The court also ordered the representatives of Cubana to apologize personally to Dr. Anyikwa as well as publish an apology in two South African newspapers – The Herald and Weekend Post. The Judge said in the judgement, a copy of which was made available to the family, that “although it has been found that the second respondent has no policy of discrimination against Nigerians, it should indeed apologise for the actions of its doorman which occasioned the complainant such hurt”.
Dr. Anyikwa had in 2010 sued the eatery under the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 and alleged that he was unfairly discriminated against in contravention of the provisions of the Act, by being refused entry by a doorman in the employ of the first respondent to a certain “social café” known as the Cubana Havana Lounge/Café’ situated in Beach Road, Port Elizabeth on the ground that he is Nigerian national.
Dr. Anderson Chinedu Anyikwa is a registered medical practitioner. He came to South Africa in 2006, taking up employment with the Department of Health in Keiskammahoek, before relocating to Port Elizabeth in November 2007, where he was employed at Livingstone Hospital. He is a permanent resident of South Africa. He is currently living and practising Medicine in Pretoria.
Since his arrival to South Africa, Dr. Anyikwa has contributed to the development of medicine and health-care in the country. He is a member of the South African College of Medicine and holds a diploma in Obstetrics. A qualified trauma doctor and a member of the Trauma Society of South Africa, Dr. Anyikwa also has a Master’s Degree in Business Administration.
In his own reaction to the court verdict, the Founder of Guild of Nigerian Professionals in South Africa, Adetunji Omotola, said “Dr. Anyikwa’s victory is a victory for all Nigerians in South Africa especially given the intense discrimination we face and the vicious stereotypes that exist towards our people for no just reason”. He added: “Discrimination in South Africa is rife and so worse at the workplace especially if the employee is a Nigerian. I know very well because it affects so many people that I know, even those who are so close to me.”
Omotola insisted that Nigerians must not accept discrimination in South Africa or elsewhere and that there are organs such as the South African Human Rights Commission, The Equality Courts and the Constitutional Court which could assist. “I salute Dr. Anyikwa’s courage in going to court and for waiting for four years for the judgment”, said the Founder of Guild of Nigerian Professionals in South Africa.