SAHRC finds Bongani Masuku guilty of hate speech
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: