Democratic Alliance leader Tony Leon’s remarks about Minister of Finance Trevor Manuel during the 2004 election campaign did not constitute hate speech, the South African Human Rights Commission said on Wednesday.
”When the relevant portions of Mr Leon’s speech are examined in their entirety, it is evident that there was no advocacy of hatred in the speech,” the commission said in a statement.
”Mr Leon did not suggest in anyway that certain people or segments of the population be subjected to hatred.”
The commission came to this finding after investigating a complaint from Mxaka Diseko.
She accused Leon of hate speech in violation of Section 16(2) of the Constitution.
While campaigning in the Western Cape, Leon addressed a rally of mostly ”coloured” people, where he reportedly said: ”People accuse the government of side-lining the so-called coloured people.”
In a video clip, an SABC reporter apparently went on to say that Leon then singled out Manuel, saying: ”Why is his name not mentioned as the next deputy president or even president of the country? Some people say that it is only because he is a so-called coloured. I hope that it is not the case.”
Leon’s speech was broadcast on news slots on various television channels.
The commission said in terms of the Constitution, Diseko needed to establish that Leon’s utterances constituted the advocacy of hatred based on race, ethnicity, gender or religion, that constitute incitement to cause harm.
But the commission found there was no advocacy of hate speech.
”To prevail in this matter, the complainant must also establish that the utterances of the respondent constituted incitement to cause harm.”
This was also not established, the commission said.
”Mr Leon expressed opinions of some people with respect to Minister Manuel and the fact that he is a coloured person.
”Mr Leon went on to express a hope that these opinions were not true. The commission concludes that this standing alone is not an incitement to cause harm,” the commission said.
The commission also suggested Leon’s utterances could be protected by the Constitutions’ provisions for freedom of expression, although it did not explore this issue. — Sapa