A Cape Town attorney has lodged a complaint of common assault against a SA National Defence Force (SANDF) soldier, claiming he damaged his vehicle, assaulted him and called him a “bastard” while out in public. 

The attorney, whose name is known to the Cape Argus and asked not to be identified for privacy reasons, said his BMW X3 is currently in repairs after its alignment, rim and body were damaged in the incident on Tuesday in Church Street, Wynberg, involving himself and the uniformed soldier.

Armed with dashcam and video footage, the attorney said he also reported the incident to the SANDF as the soldier was stationed at 2 Military Hospital in Wynberg.

In the dashcam footage, the attorney’s car is seen jolting forward when a vehicle strikes it.

In the second video, which the attorney filmed shortly thereafter, while walking to the police station, the soldier is seen trying to remove his cellphone.

“Don’t take my photo,” he (soldier) said, waving his hands in the direction of the attorney’s cellphone.

As a police vehicle stops, the soldier says: “This bastard, he hit my car and now he is telling me, he is taking me to court.”

The attorney said he had just left his workplace and was driving his car and joined the middle lane when the soldier allegedly tried to overtake him and another vehicle, and then allegedly rammed into him.

“The cars were driving very slowly and I swerved onto the middle lane to join the traffic.

“As I joined the traffic and into the road, I realised the man behind me was coming closer and closer, and he tried to squeeze between me and the car on the right hand side and he eventually hit my car and then he still drove further and he only came to a stop in his own time.”

The attorney claims the soldier was apprehensive in sharing his personal information for insurance purposes.

“My colleagues came out and I said we need to go to the police station to have an accident report done and he said fine, he will follow me.

“The walk up to the station was very confrontational, at a few points, he was even touching me and I said you cannot touch me.

“As we walked past the courthouse towards the police station, he suddenly turned to me and said ‘are you now happy that we are going to the police over this? And do you really think you are really going to take me to court over this?’

“I said of course I can, I do cases on a daily basis and he refused to walk further.

“I realised he was not walking and I wanted to take out my cellphone to make a recording of it, as he was in uniform.

“At that moment he hit me against the arm, and tried to grab my cellphone and I then started to make the recording.

“Luckily a police van arrived, and at that moment he walked up to the van and said ‘this bastard hit my car’.”

The attorney said he felt aggrieved and that he was inconvenienced without a vehicle as it was sent for repairs.

“All of that in uniform, in public, in front of the court house and in front of police.

“And he is being funded by taxpayers. I did not receive any apology or any offer to fix the situation.”

The attorney said he was also awaiting feedback from 2 Military Hospital before deciding on whether to additionally persue legal action against the soldier on a civil basis. 

Police spokesperson, FC van Wyk, confirmed the case: “The mentioned case number is a common assault case registered at Wynberg SAPS for investigation. Investigations continue with no arrest.”

SANDF media liaison said in response: “The SANDF can confirm that the member mentioned in your enquiry, is employed in the South African National Defence Force, however, the matter mentioned in your enquiry is not known to the SANDF as the incident occurred outside the military establishment and involves the civilian party. Further clarity in this regard can be sought from the relevant police station where the case was opened.”

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Cape Argus

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