“COSATU has got members here even on this campus; we can make sure that for that side it will be hell” “COSATU is with you, we will do everything to make sure that whether its at Wits University, whether it’s at Orange Grove, anyone who does not support equality and dignity, who does not support the rights of other people must face the consequences even if it means that we will do something that may necessarily cause what is regarded as harm…” “…The following things are going to apply: any South African family who sends its son or daughter to be part of the Israeli Defence Force must not blame us if something happens to them with immediate effect…” Bongani Masuku at an address to students at Wits University, Johannesburg |
We are often told that the Palestine Solidarity Committee (PSC) is a peaceful, moderate and secular (secular…so what?) organisation. This flies in the face of the facts on the ground, most recently, their support for COSATU’s Bongani Masuku. It was after all at an event jointly hosted by the PSC where Masuku threatened to “do something that may necessarily cause what is regarded as harm” to Jewish supporters of Israel. And so it is with no surprise to see that the PSC has issued a Press Release supporting Masuku and informing that he will appeal against the SAHRC ruling of Hate Speech.
Media Release: SAHRC errs in hate speech ruling against COSATU’s Masuku Issued by: Palestine Solidarity Committee 4 December 2009 The Congress of South African Trade Unions (COSATU) and the Palestine solidarity movement in South Africa are shocked and appalled by the decision of the South African Human Rights Commission (SAHRC), which found that COSATU’s International Relations Secretary, Bongani Masuku, is guilty of hate speech and called on him to apologise to the South African Jewish Board of Deputies (SAJBD). In a submission to the SAHRC, the SAJBD had accused Bongani of hate speech for comments he made during a lecture at the University of the Witwatersrand, hosted by the Palestine Solidarity Committee and the Young Communist League, as well as comments he had made on a Zionist blog and in a personal email to a Zionist detractor. As Bongani’s response (see below for full text) to the SAJBD complaint illustrates, none of his comments can be regarded as hate speech in terms of the South African Constitution. Furthermore, his comments, in the main, referred to South Africans who supported the illegal Israeli military occupation – irrespective of their religious or ethnic backgrounds. These comments were certainly a trenchant critique of Israel and its apologists and supporters in South Africa, but were not directed at the Jewish community or any other ethnic group. Section 16 of the South African Constitution, the section on Freedom of Expression, states: (1) Everyone has the right to freedom of expression, which includes- 1. freedom of the press and other media; 2. freedom to receive or impart information or ideas; 3. freedom of artistic creativity; and 4. academic freedom and freedom of scientific research. (2) The right in subsection (1) does not extend to- 1. propaganda for war; 2. incitement of imminent violence; or 3. advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm. None of Bongani’s statements can be regarded as being ‘advocacy of hatred’ based on ‘race, ethnicity, gender or religion’. He did not refer to Jews, as is being alleged. The gleeful and smug comment by the SAJBD, following the SAHRC decision, is simply untrue. Their claim that Bongani’s comments ‘advocate and imply that the Jewish and Israeli community are to be despised, scorned, ridiculed and thus subjecting them to ill-treatment on the basis of their religious affiliation’ is a pack of lies. It is through such lies and intimidation that the SAJBD, the South African Zionist Federation, and other apologists of Israel have sought to chill free expression in South Africa and to prevent any critique of Israeli war crimes. Their repeated accusations of ‘hate speech’ against criticisms of Israel have become wasteful of public resources, and trivialise the very serious charge of ‘hate speech’. Furthermore, their constant, frivolous, and false accusations of ‘anti-Semitism’ against critics of the state of Israel and the calumny of ‘self-hating Jews’ against those Jews who support the just struggle of the Palestinian people against racism and oppression is an attempt to silence and intimidate those who, using their own experience of racism and oppression in Apartheid South Africa, feel they can contribute to a just resolution of the problems in the Middle East. Indeed, we believe that SAJBD’s statement during the Gaza massacre of December 2008-January 2009, wherein it defended all Israeli actions in that massacre – including the use of white phosphorous against civilians, the bombing of United Nations buildings, the murder of civilians, the bombing of civilian infrastructure such as schools, hospitals and places of worship – violates Section 16 of the Constitution in attempting to incite South Africans (especially South African Jews) to violence against Palestinians, and in being clear and obvious propaganda for war. We are shocked that the SAHRC, after receiving a written complaint and a written response to that complaint, saw fit to make such a finding – with the potential weighty precedent that it can set – without even entertaining a hearing on this matter. We do not believe this constitutes due process and believe it to be unprocedural in terms of the manner in which the Commission should operate and in terms of its mandate to ensure the realisation of Constitutional rights – including the right to free expression. We are also surprised that the Commission made such a decision which blatantly contradicts previous rulings it has made on similar issues. Bongani, with the support of Cosatu and various solidarity organisations in South Africa, will appeal this SAHRC decision and is willing to defend his right to free expression – as guaranteed by our Constitution – in the Equality Court and in any other court in South Africa. |
See the Voice of the Cape for a more detailed response from the PSC including a cartoon where they employ the stock-standard response that the SAJBD regard any criticism of Israel as antisemitic: SAHRC erred on hate speech
Previously at IAS
- Summary of Masuku's Hate Speech
- COSATU's Masuku guilty of hate speech
- Bongani Masuku at Wits University
- COSATU's Masuku calls on Zionist Jews to leave SA
Useful Links
- Harry's Place - Bongani Masuku and invited guest of UCU
- Harry's Place - BRICUP and Bongani
What a rambling reply. What's so interesting about it is the "shotgun" effect it seems to employ in suggesting well, if he's not to be absolved for reason A, then he must be absolved for reason B. Issue A, however, is that he wasn't talking about an identifiable group (Jews)--which he clearly was, because while not all Zionists are Jews, most are--and issue B is that well Israel has committed war crimes, so criticism is okay.
In other words, he's innocent because he wasn't talking about Jews, but if he's not, give him a break, he was after all, only talking about evil Jews.
Posted by: Charlie H. Ettinson | December 06, 2009 at 18:11
Well Put!
Posted by: Lewis | December 06, 2009 at 18:45
he clearly breached (2) 2...
(2) The right in subsection (1) does not extend to- 1. propaganda for war; 2. incitement of imminent violence
Posted by: JoeTalin | December 07, 2009 at 11:05
and the cartoon on the VOC website clearly shows where they stand in the debate...
Posted by: JoeTalin | December 07, 2009 at 11:10
Takr COSATU and it,s anti-semitic proponents on and force them to apologise to the SAJBD ,these lies and deceits cannot be swept under the carpet.
Posted by: the Hebrew prophet | December 07, 2009 at 13:03
What do you mean they don't know who they are dealing with?
I also noticed the cartoon. But I cant read the text, it is too small.
Posted by: Lewis | December 07, 2009 at 13:10
you really need some spam control.....
Posted by: Shaun | December 08, 2009 at 09:25
Haha, Shaun, I do have spam control but not everything gets blocked, and sometimes real comments get caught as spam.
As I've said, we have between 50 and 100 spam comments successfully blocked every day,
Posted by: Steve | December 08, 2009 at 10:11
Bongani is a nutjob of note, and any person that follows his line of thought should be shot! As a muslim, to have regurgitated versions of this type of hate speech spewed at every islamic event. Makes me very weary of them.
Yes I do believe there are issues in Palestine/ Israel and the methods employed in finding a solution is dodgy at best. I am of the opinion that EVERYONe has the right to exist. Regardless of the faith they follow or don't follow. I think people should start thinking for themselves instead of letting others bombard them with bullshit.
Aluta Continua
The struggle for humanity continues
Oh and Slamat/Mabrook/Mazel Tov at the birth of your beautiful baby!
Posted by: Aasia | December 28, 2009 at 11:52
What exactly is humanity as certain people only use it for propaganda purposes ,for example Hamas in Gaza ?
Posted by: the Hebrew prophet | January 10, 2010 at 17:06