Cape Town - A sectional-title holder in an apartment complex in Claremont has lodged a complaint of assault, defamation and racism with the police against the complex’s body corporate after an altercation in which she alleges she was the victim of racial harassment.
Alice Mbonga owns a ground floor apartment at Marlborough Park, a residential apartment complex comprising four tower blocks containing 228 apartments.
Mbonga said she was entertaining guests when she was racially harassed by complex security, and alleges that the body corporate has stirred up other residents against her.
On the evening of Wednesday, February 1, Mbonga’s daughter was hosting three friends for a braai.
Mbonga, aware of the body corporate rules about noise, earlier contacted administration manager Dianne Martin as a courtesy to tell her she would be having guests.
Mbonga said that night trouble began when load shedding kicked in at about midnight, and her daughter and guests went to the common braai area to continue cooking their meal.
Mbonga said the complex security approached her daughter’s friends, who were of different races, and told them off for braaing in the communal braai space after hours, and also doused the braai with water and threatened to call the police.
When she confronted the security claiming that they had racially targeted her daughter and friends, there was an exchange during which Mbonga alleges she was physically pushed.
Mbonga said: “I feel that I was the victim here, and that I was racially targeted for a reason. Marlborough Park does not have a conducive environment for mixed-race couples.”
The next day there was an exchange of emails between Mbonga and Martin about the incident, and the row continued until February 3, when the trustees wrote to Mbonga.
In the email, which Mbonga shared, the trustees said: “You have been reported as having used abusive language towards the security guards employed by Marlborough Park, and also to the office manager.”
The trustees asked her to apologise to Martin and the guards in writing.
Body corporate trustee Clive Thorpe said Mbonga breached the sectional title’s conduct rule on noise after 10pm, and quietness between midnight and 7am.
One of the emails from residents reads (in part): “Last night, Wednesday, February 1, while trying to go to sleep, I was disturbed by very loud talking and excessive swearing.
“I phoned security again just after 2am, who informed me that they had made numerous attempts to quieten down the people at D3, but to no avail. The security officer informed me that they were very rude to him. As a result, I had a terrible night’s sleep.”
He said apart from the letter written to Mbonga pointing out her breaches of the Conduct Rules, no other action had been taken against her.
Thorpe added: “The approximately 350 residents of Marlborough Park represent almost the full spectrum of our rainbow nation. A similar process would be (and has often been) followed for any significant late night noise disturbance, and is independent of the race(s) of the people involved.”
Meanwhile, following Mbonga’s complaint, police spokesperson Joseph Swartbooi has said Claremont police are investigating a case of common assault and has asked that anyone with information of what transpired to call Crime Stop on 08600 10111
Swartboi said: “Reports suggested that the complainant was having fellowship at their residence in Bath Road, Claremont on Wednesday 01 February 2023 at around 22:00.
“The local security paid them a visit and put out the fire. The circumstances of what led to the action of the security personnel are under investigation.”