A Victory against Holocaust Denial in South Africa

The South African Constitutional court last week sanctioned Muslim radio station 786 for promulgating Holocaust denial and anti-Jewish conspiracy theories. This is a major victory in the struggle against anti-Semitism in South Africa. This case has dragged on for 9 years now in numerous courts in the country. Hopefully this will finally bring the issue to a close.

The complaint lodged by the South African Jewish Board of Deputies (SAJBD) dates back to May 1998, when Radio 786 broadcast an interview with the Islamic scholar Yakub Zaki who denied the Holocaust and blamed Jews for being behind some of the worst disasters in modern history. In 2006 the BMCC ruled in the SAJBD’s favour and ordered Radio 786 to desist from the broadcasting of hate speech and in particular from "the advocacy of hatred against the Jewish people, including the impairment of their dignity". Radio 786 was further directed to publicize the ruling as well as its full judgment and sanction order through its news broadcasts, website and in-house newsletter and magazine.

In a desperate attempt to avoid this, Radio 786 then applied to the Constitutional Court to strike down certain provisions in broadcasting law. This application has now been dismissed on all accounts. Mervyn Smith, who heads SAJBD's legal team, said that the case was not about constitutional technicalities but about the refusal of Radio 786 to publicly acknowledge that the contents of the programme it had broadcast were offensive to the Jewish community and to apologise accordingly. "What this is really all about is the refusal by Radio 786 to accept that six million Jews were murdered by the Nazis and that denial of the Holocaust is deeply offensive to Jews. Were this not the case, then what has prevented the radio station from simply apologizing to the Jewish community and acknowledging the truth?" Smith said.

The SAJBD deserves to be congratulated for their persistence. They have sent a strong signal to anti-Semites in South Africa that the Jewish community will not shy away from taking them on — no matter what the costs. This, as opposed to backroom deals, does far more to strengthen the image of our community. Moreover it has resulted in glowing praise from international Jewry.

Special praise should also go to those members of the community who gave their legal expertise to help win the case. They have spent innumerable hours working on this pro bono. We owe them a great debt.

Comments

[mkanderson]

Steve, can you explain a little how South African law will be affected as a result of this ruling? I'm not familiar enough with South African law or its constitution to know if this will affect other areas of speech there and I'm also wondering if the ruling can be used in a negative way.

Thanks.

[Steve]

Hi MK,
I don't know enough about law or the case to comment. Maybe Mike will know more.

I was under the impression that the argument was based on the premise of hate speech.

If so then it shouldn't have any ramifications because the constitution protects us from hate speech.

I susupect the favourable ruling had more to do with the Jewish conspiracy theories than the principle of Holocaust denial.

[Mike]

No it didnt change the law. the opposite in fact, it served to confirm that that particular part of the broacasting act was constitutional. As I read it Holocaust denial is now not allowed on radio or tv in sa.

[Benjamin]

"Radio 786 was further directed to publicize the ruling as well as its full judgment and sanction order through its news broadcasts, website and in-house newsletter and magazine."

Does anyone know when the judgment is going to be aired? Or where its going to be printed or posted? It would be interesting to hear/read.

I was under the impression that SA does not have a specific law against Holocaust denial (like in Germany) but rather a more general law against hate speech.

[BlackSAn]

I just read the full Constitutional Court judgment. It seems that the Jewish board deputies is claiming more of a victory than it actually won. The judgment (and the Constitutional Court case itself) had nothing to do with hate speech or with Holocaust denial; it was a very technicist ruling regarding the powers of Icasa. Thus, no precedent has been set in respect of either holocaust denial or hate speech.

[Steve]

Thanks BlackSan,

Could you post a link to the judgement. (i know i could just search for it)...

[BlackSAn]

Dear Steve

Take a look at the following web pages.

Media Summary: http://www.constitutionalcourt.org.za/site/islamic.htm

Full Judgment: http://www.constitutionalcourt.org.za/uhtbin/hyperion-image/J-CCT33-07 (in pdf)
or
http://www.constitutionalcourt.org.za/uhtbin/hyperion-image/J-CCT33-07A (in Microsoft Word)