The South African Human Rights Commission (SAHRC) has ruled that statements by a Congress of South African Trade Unions (Cosatu) official were hate speech, the South African Jewish Board of Deputies (SAJBD) said on Friday.
The comments were made by Cosatu international officer Bongani Masuku at the University of Witwatersrand in March 2009.
”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,” said SAJBD national chairperson Zev Krengel.
In the ruling and a letter to Masuku, copies of which were provided to Sapa by the SAJBD, the SAHRC described his speech as ”extreme” and asked Masuku to apologise to the SABJD or be referred to the Equality Court.
”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,” the SAHRC found in its ruling.
”A prima facie case of hate speech is clearly established as the statements and comments by Mr Masuku are offensive and unpalatable to society.”
SAHRC spokesperson Vincent Moaga confirmed that a ruling had been made, but could not comment further.
Cosatu spokesperson Patrick Craven said the union was consulting with its lawyers.
”We’re studying the judgment and consulting with our lawyers. Until then we have no further comment,” he said.
According to the ruling, Masuku made his remarks at a meeting at which members of a pro-Palestine and pro-Israel groups were present.
”Cosatu has got members here even on this campus; we can make sure that for that side it will be hell,” Masuku reported said.
”Cosatu is with you, we will do everything to make sure that whether it’s 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.”
According to the ruling, Masuku also warned that South African families should not send their children to serve in the Israeli Defence Force.
”[The families] must not blame us if something happens to them with immediate effect.”
The SAHRC found that these remarks in the context of the ”tense” Wits meeting were an incitement to violence.
”By Mr Masuku making those remarks, he surely intended to incite violence and hatred that was already potentially imminent among these two groups.
”Cosatu members or Palestinian supporters present at this rally could easily have been incited to hate, and even attack their Jewish counterparts.
”Mr Masuku’s heated statements made amid an already tense audience appeared to advocate hatred against Jews and all other supporters of Israel.
”This is inciting violence based on religion, an area which freedom of expression does not protect,” the SAHRC said.
It said Masuku had given the SAHRC a statement indicating that he had been responding to hecklers, who he had believed were from a student Jewish organisation.
This was used against Masuku, as the SAHRC found that it was evidence his remarks were directed at Jews. — Sapa