Court upholds conviction of business owner in violent workplace assault case

'FABRICATED ALLEGATIONS'

- NADIA KHAN

A GAUTENG businessman who assaulted his employee so severely that the victim required hospital treatment has failed in his high court bid to overturn his conviction.

Imraan Chothia, convicted and sentenced for assault with intent to do grievous bodily harm(GBH), had claimed the employee fabricated allegations to extort money.

His appeal was dismissed in the Gauteng High Court last week.

According to the court papers, Chothia was charged after the assault which occurred at Salamat Motors (Cradlestone branch) in Krugersdorp on August 19, 2020, and he was convicted in July 2022.

On February 16, 2023, he was sentenced to three years' imprisonment, wholly suspended for four years, on condition that he paid a compensation of R150 000 to the complainant, and that he was not convicted of assault committed during the period of suspension.

According to the court papers, the complainant, Siyabonga Sphelele Mthiyane, testified that Chothia slapped him, grabbed him by his clothing, dragged him into the office, and, together with others, assaulted him, including kicking him in the genital area.

He said following the assault he was in a state of severe pain and was semiconscious.

Mthiyane said after regaining consciousness, he was given water before arrangements were made for him to be taken for medical care.

He said he was first treated at the Azaadville Clinic, where he was given an injection and pills to stabilise him.

However, Mthiyane said he was still unwell when discharged from the clinic, and due to his continuing serious condition, he was subsequently transferred to Carletonville Hospital, where he described his state as worse, saying he "felt dead and could not feel himself".