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Bongani Masuku will Appeal Against Hate Speech Ruling

“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

Summary of COSATU's Masuku's Hate Speech

The post belowis a summary of various statements made by Bongani Masuku against both South African Jews and the State of Israel. I should add that not all of the comments below are to be considered Hate Speech, particularly those in the section of statements directed against Israel. We continue to support Masuku's right to voice his opinion on Israel, however unpalatable it may be. 

The SA Human Rights Commission specifically ruled on statements that were seen to incite violence and hatred amongst students during a speech at a rally at Wits University. Specifically, Masuku said:

“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 its 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…”

The commission found that the "comments and statements made are of an extreme nature that 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."

THREATS MADE AGAINST SOUTH AFRICAN JEWISH COMMUNITY BY BONGANI MASUKU, INTERNATIONAL RELATIONS SECRETARY OF THE CONGRESS OF SOUTH AFRICA TRADE UNIONS (COSATU)

Compiled by SA Jewish Board of Deputies

1) COSATU to harass, intimidate and disrupt lives of all Jewish supporters of Israel

 “We want to convey a message to the Jews in South Africa that our 1.9-million workers who are affiliated to COSATU are fully behind the people of Palestine… Any business owned by Israel supporters will be a target of workers in South Africa” [Source: Address at COSATU-Palestinian Solidarity Committee rally in Raedene, 6 February 2009].

"COSATU is with you, we will do everything to make sure that whether it’s at Wits University, whether its 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 …[Source: Address at public meeting on Wits University Campus, 5 March 2009]

Speaking on Wits campus on 5 March this year, Masuku used the expression “make their lives hell” on four occasions when referring to what COSATU intended to do regarding those who supported Israel. This included a specific reference to students on Wits campus ("COSATU has got members here even on this campus; we can make sure that for that side it will be hell”) [Source: Address at public meeting on Wits University Campus, 5 March 2009]

"Bongani says hi to you all as we struggle to liberate Palestine from the racists, fascists and zionists who belong to the era of their Friend Hitler! We must not apologise, every Zionist must be made to drink the bitter medicine they are feeding our broathers (sic) and sisters in Palestine. We must target them, expose them and doo allthat (sic) is needed to subject them to pereptual suffering until they withdraw from the land of others and stop their savage attacks on human dignity" [Source: Comment left by Masuku on supernatural.blogs.com/, 6/2/2009]

2) Threats to Target Individual Jewish Families
 On 5 March, Mosuku indicated that vigilante action would be taken against South African families whose children were serving in the Israeli Defense Force:

 “The following things are going to apply: any South African family, I want to repeat so that it is clear for anyone, any South African family who sends its son or daughter to be part of the Israeli Defence Force must not blame us when something happens to them with immediate effect” [Source: Address at public meeting on Wits University Campus, 5 March 2009]

 The biggest problem, said Cosatu International Secretary, Omgabongani Masuku, is with Jewish South Africans who hold duel citizenship with Israel. He condemned the government for allowing South Africans to be involved in what he called “missionaries of Apartheid”. “Israel is spreading and defending Apartheid and we say that South African families who contribute to this must be targeted.” [Source: Voice of the Cape website 20-26 February 2009]

3) Jewish supporters of Israel unwelcome in South Africa and should be encouraged/forced to leave

 “…all who have not accepted or woken up to the reality that we now live in a democratic South Africa where racism or promotion of it is a crime, are free to leave the country. I repeat, whether Jew or whosoever does so, must not just be encouraged but forced to leave, for such a crime is so heinous it cant be tolerated”. [Source: e-mail from Masuku sent to Anthony Posner, 13 February 2009]

 “…all who deny that occupation is wrong must be encouraged to leave South Africa before they infect our society with much more racism”. [Source: e-mail from Masuku sent to multiple recipients, 13 February 2009]

4) Dehumanisation and demonisation of Jews who support Israel

 “All Jews who have risen above the fascist parochial paranoia of Israel have changed our views on Jews, as we thought all of them are inhumane…” [Source: e-mail from Masuku sent to multiple recipients, 25 February 2009]

 “Whenever we speak about their evil acts, we must be called anti-semitic, but they have the god-ordained right to murder, rape and kill innocent children in Palestine. … [Source: e-mail from Masuku sent to Anthony Posner, 13 February 2009]

"I am aware that so many Jews are on the side of justice and only those Jews are people I hold in high esteem, but not those who silently support the massacres, but expect us to regard them as human beings." [Source: e-mail from Masuku sent to multiple recipients, 25 February 2009]

STATEMENTS MADE AGAINST THE STATE OF ISRAEL BY BONGANI MASUKU, INTERNATIONAL RELATIONS SECRETARY OF THE CONGRESS OF SOUTH AFRICA TRADE UNIONS (COSATU)

"Israel supported apartheid South Africa and assisted in the murder of many of our comrades and still works with the most reactionary and murderous regimes the world over, including Colombia (also financed by the US)"

"The source of the war is the occupation of Israeli and not rockets of Hamas or Al-Aqsa matrys. Any people who are occupied have a duty to fight as we all did, we would never support people who only submit to invaders, but will actively support those who are fighting against colonialists and settlers, who have one intention, occupation to steal other people’s land. No jew, however much his hatred will ever deny that FACT that occupation is evil and an injustice."

"Israel is the client and puppet of US imperialism and responsible for protecting the oil interests of the west, which itself was stolen from the Arabs" [Source: e-mail from Masuku sent to multiple recipients, 25 February 2009]

 “The simple thing is that Israel is the source of the problem, without occupation, there should be no need for rockets, full stop!!!” [Source: e-mail from Masuku sent to Anthony Posner, 13 February 2009]" The issue is that Israeli must GET OUT OF OTHER PEOPLE’S LANDS. There would be no need for rockets if there was no occupation, full stop. I am not interested in the hell about rockets, as if there should be pity, you are the agressors, get out of other people’s lands, you greedy lots! We waged an armed struggle against the Afrikaner murderers here and they are in their rights to wage their own struggle until you vacate their land." [Source: e-mail from Masuku sent to Anthony Posner, 13 February 2009]

Previously at IAS

• 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

SAHRC Ruling Against Cosatu's Bongani Masuku

Here's a copy of the letter that the SA Human Right's Commission sent to Bongani Masuku informing him that they have found him guilty of Hate Speech. Alana Pugh-Jones from the SA Jewish Board of Deputies makes an important point:

"This really is a victory for all South Africans, not just the Jewish community to whom the hate speech was directed, as it shows that racism, prejudice and hate will not be tolerated in any form in the new South Africa."

---

 

Mr Bongani Masuku

International Relations Secretary

COSATU

Email: [email protected]

Our Ref: GP/2009/0362/UN

03 December 2009

Dear Sir

RE:   COMPLAINT RECEIVED FROM SOUTH AFRICAN JEWISH BOARD OF DEPUTIES

The South African Human Rights Commission (“SAHRC”) is one of the state institutions supporting constitutional democracy, created in terms of Chapter 9 of the Constitution of the RSA Act 108 of 1996.  In terms of its mandate the SAHRC must promote respect for human rights and a culture of human rights. 

The SAHRC hereby advises that a Finding has now been made in this matter, in terms of which the SAHRC finds that the statements made by yourself on 5 March 2009 and certain comments made by you during or about February 2009 on the internet amounts to hate speech that is prohibited in terms of Section 16(2) of the Constitution of the RSA Act 108 of 1996 and in terms of Section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act No. 4 of 2000. 

Please find attached hereto a copy of the said Finding for your perusal.

In order to settle this matter amicably the SAHRC hereby requests that you tender an apology to the complainant, the South African Jewish Board of Deputies within 14 days hereof but no later than 23 December 2009 failing which this matter will be referred to the relevant Equality Court for final adjudication without further notice to you.

We trust that this matter will be settled amicably and await your response.

Yours faithfully

_______________________

Ms. U Nyar

Legal Officer

Gauteng Provincial Office

SAHRC

---

You can download the SAHRC ruling against Bongani Masuku here: Download SAKS FINDINGS_

Previously at IAS

• COSATU's Masuku guilty of hate speech
• Bongani Masuku at Wits University
• COSATU's Masuku calls on Zionist Jews to leave SA

Cosatu's Masuku Guilty of Hate Speech

Hot off the press – The SA Jewish Board of Deputies has been successful in gaining a Hate Speech verdict from the SA Human Rights Commission against Cosatu International Relations Secretary Bongani Masuku. This report from The Richmark Sentinel:

Cosatu's Masuku guilty of hate speech Friday, December 04, 2009  The SA Human Rights Commission (SAHRC) has upheld a complaint of hate speech against Bongani Masuku, International Relations Spokesperson for the Congress of South African Trade Unions (COSATU). The complaint, lodged by the SA Jewish Board of Deputies (SAJBD) on 26 March 2009, is based on various threatening, inflammatory and derogatory statements made by Masuku against the mainstream South African Jewish community and its leadership. Zev Krengel, SAJBD National Chairman, said that the ruling had reaffirmed the zero-tolerance attitude towards any form of hate speech that underpinned the country’s democratic culture. As such, it should be seen as a victory for all South Africans. “While instances of racist and inflammatory rhetoric directed against sectors of society will inevitably occur from time to time, it is encouraging to see that this country has in place effective mechanisms to deal with them. We applaud the SAHRC for sending out a clear message that the right to freedom of expression does not include a license to indulge in hate speech and incitement” he said. The SAJBD’s complaint detailed how Masuku, in a public address at Wits University on 5 March, as well as in various written communications, had repeatedly threatened that Jewish South Africans would be targeted because of their support for Israel. This included statements that Jewish lives would be made ‘hell’, that vigilante action would be taken against Jewish families suspected of having members serving in the Israeli military, and that Jews who continued to stand up for Israel should “not just be encouraged but forced to leave South Africa”. In its ruling, the SAHRC noted the following: [Masuku’s] comments and statements made are of an extreme nature that 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. A prima facie case of hate speech is clearly established as the statements and comments by Mr. Masuku are offensive and unpalatable to society. The SAHRC requested Masuku to tender an apology to the SAJBD within 14 days, failing which the matter would be referred to the relevant Equality Court for final adjudication without further notice to him. Krengel said that although the SAJBD was prepared to go to court, he hoped that an appropriate apology from Masuku would make this unnecessary.

It all started soon after Cosatu marched with the Palestinian lobby against Israel, right outside the official Jewish community leadership centre in northern Johannesburg. Soon after the meeting, Masuku responded to coverage of the march by posting this comment at IAS:

Hi guys, Bongani says hi to you all as we struggle to liberate Palestine from the racists, fascists and zionists who belong to the era of their Friend Hitler! We must not apologise, every Zionist must be made to drink the bitter medicine they are feeding our broathers (sic) and sisters in Palestine. We must target them, expose them and doo allthat (sic) is needed to subject them to pereptual suffering until they withdraw from the land of others and stop their savage attacks on human dignity. Every Palestinian who suffers is a direct attck (sic) on all of us!

Soon after this, community member Anthony Posner emailed Masuku in an attempt to open up dialogue and invite him to an evening of poetry (yes, I'm serious). One thing led to another and soon I too was involved in dialogue with Masuku, which at first seemed quite promising but eventually degenerated into threats from Masuku that Zionists should be encouraged to leave South Africa (this from the leadership of a member of the ruling ANC’s tripartite alliance).

You can find all the details of the correspondence in this post: Cosatu spokesman calls on Jews to leave SA

Subsequent to this, Masuku addressed a PSC (Palestine Solidarity Committee) and Young Communist Leage event at the University of the Witwatersrand in Johannesburg where he threatened to ensure that the lives of Zionists in South Africa would be made hell – see Bongani Masuku at Wits

Masuku is currently in the UK where he alongside Ronnie Kasrils and Omar Barghouti is scheduled to address crowds for a series of BRICUP (British Committee for the Universities of Palestine) events calling for Sanctions and Boycotts. Find out more about BRICUP from Harry's Place. 

We must commend the SA Jewish Board of Deputies (SAJBD) for resolutely taking on this case of Hate Speech and eventually winning it. It's now the second time this year that senior members of the ruling tripartite alliance have been found guilty of Hate Speech directed against the Jewish community (previously, the Deputy Foreign Affairs Minister Fatima Hajaig asserted at a local Palestinian lobby rally that America is in the hands of Jewish money).

The response from the SAJBD has been to use the existing mechanisms and institutions of our State to deal with both incidents and they have achieved a favourable outcome on both occassions (and let's not forget the Budlender report) but questions will be asked about what they do with winnings that, with the evidence on hand, would have been criminal to lose. In this case, they seem content with the ruling that Masuku issue an apology within 14 days. Many in the community will question why Masuku will be allowed to continue in his position as International Relation secretary of an organisation with an excess of powers under the Zuma administration. Perhaps they did push for more, and if so, I have no problem with their acceptance of the ruling. Either way this is another victory for the community in a year tainted with mountainous challenges and irreplaceable losses and for that I will applaud the SAJBD for their effort and leadership throughout this most difficult year.

I eagerly await the SAJBD chairman's next column in the Jewish Report where I hope he will shed some light on what their goals at the HRC were and the thinking behind them.

But let’s not be too quick to discount the value of an apology. The HRC ruling and the subsequent apology ensure broad coverage of the issue and this helps fight the perception that Jews have a persecution complex – it demonstrates unequivocally that the levels of incitement used against ordinary Jews against the backdrop of the Palestinian conflict have crossed the lines from reasonable political opposition to Israel into the realm of classical hate speech. It tars not only Masuku, but those that support him, such as the PSC and Young Communist League who entertained him as a guest speaker at the event at Wits.

Update at 06/12/2009

To be fair, we need not wait for the Chairman of the SAJBD to explain what he aimed to achieve. The SAJBD offered an explanation when they laid the initial complaint. See Jewish Board Confronts Masuku Threats. The central aim is to ensure we continue to enjoy an environment on our university campuses and in South Africa in general, where all South Africans are free to express their views without fear of persecution.