STATEMENT ISSUED BY THE SA HUMAN RIGHTS COMMISSION REGARDING ITS EQUALITY COURT ACTION ON BEHALF OF THE FOUR WOMEN WHOSE RIGHTS WERE VIOLATED WHEN A HUMILIATING VIDEO ON THEM WAS RECORDED BY FOUR STUDENTS AT THE UNIVERSITY OF FREE STATE

The SA Human Rights Commission has lodged papers with the Bloemfontein Equality Court to seek redress on behalf of the four black female University of Free State workers who were grossly humiliated when four white male students recorded and disseminated an insulting and indignifying video on them.

The video recording shows the women  drinking from bottles of beer, racing against each other, eating from a dish, vomiting into buckets, dancing and playing rugby.  It also shows one of the four respondents urinating into a dish that appears to contain food.

The Commission is represented by Advocate Wim Trengove (SC), Adv Sesi Baloyi (Sandton), Adv Sehapi  Motloung (Bloemfontein)and Adv Mothusi Lepheana (SAHRC) instructed by T.V Matsepe of  Matsepe's Attorneys Inc.

Order against the four students

In its court papers the Commission is asking the court for an order in the following terms:

a) that the students be declared guilty of unfair discrimination by act and omission, by the making of the video, by the internal dissemination of the video, by allowing the video to be publicly disseminated, and by failing to take appropriate remedial and punitive measures pursuant to it;

b) that the students be ordered to apologize to the four women, to all black women and to all black people in general and the such an apology should be unqualified and generous and that such The terms of such apology will be approved by the Commission. Furthermore, such an apology should be publicized in such a manner as the Court shall determine;

c) that the students should jointly and severally pay general and punitive damages to each of the women in the amount of R1 000 000.00.

Order against the University

The Commission is also asking the court to order the University to present a comprehensive plan to the Court which will ensure the following:

a) that remedial measures be put in place to support and afford redress to the women;

b) that remedial measures be put in place to prevent a recurrence of the incident and incidents like it at the University generally and at Reitz Hostel in particular;

c) that remedial measures be put in place to eradicate the culture of racial and gender intolerance at the University generally and at Reitz Hostel in particular;

d) that if the University re-admits any of the four students, it must ensure that they attend training on a diversity and racial-integration programme to be agreed with the Commission.

This matter has been set for Tuesday, 27 July 2010

Statement issued by SAHRC spokesperson, Vincent Moaga, July 2 2010

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