HRC says 'kill boer' slogan is hate speech

It's official. The slogan "kill the farmer, kill the boer" is hate speech, according to a finding of an appeal tribunal of the South African Human Rights Commission. Thursday's finding came after a complaint from the Freedom Front (FF) about the use of the slogan - and an appeal against an earlier commission finding that the phrase was not hate speech. "Even though we had to struggle for three years, we welcome the finding. Finally they came to the right conclusion," said FF leader Pieter Mulder.

Declaring the slogan to be hate speech was a first step in the right direction to stop farm killings, Mulder said. "The first finding had double standards because it meant racism was only wrong when it was by whites to blacks, but now we know that it is also wrong for blacks to be racist against whites," said Mulder.

The party lodged a complaint with the Human Rights Commission in Johannesburg after African National Congress members used the slogan during two public meetings in June last year. One was at the funeral of ANC MP Peter Mokaba in Polokwane, and the other at an ANC youth rally in Kimberley. Earlier this year, the commission said the slogan did not constitute hate speech, but was an instance, although an undesirable one, of the right to freedom of expression. The Freedom Front appealed against the finding. "The slogan 'kill the farmer, kill the boer' as chanted at an ANC youth rally in Kimberley and at Mokaba's funeral is hate speech as defined in Section 16(2)(c) of the Constitution," said commissioner Karthy Govender.

He said freedom of expression was a fundamental right in democracy but by the same token South African courts were clear that the freedom of expression was not a supreme right as in the United States constitution. "We have concluded that the calling for the killing of a group of people is an advocacy of hatred, which must amount to harm," he said.

Simon Kimane, of the Freedom of Expression Institute, expressed disappointment with the finding. "There is no causal connection between the slogan and any actual killings of Afrikaners in this country," he said. He said the institution's submission had pleaded for the right of freedom of expression for the young South African democracy, and that the institution feared that the finding might set a bad precedent.

ANC spokesperson Smuts Ngonyama said "kill the farmer, kill the boer" was never an adopted slogan of his party. "The ANC will discourage people from using the slogan," he said.

Source: IoL

Opposition hails Nthai's withdrawal

Opposition parties on Wednesday welcomed former Northern Province MEC Seth Nthai's decision to withdraw his nomination to succeed Public Protector Selby Baqwa, while the ANC warned that unwarranted attacks on individuals seeking public office would make the country poorer. Nthai was nominated by the ANC's secretary-general, Kgalema Motlanthe. "It's a pity he's withdrawn. He's an advocate and a well-learned man with reputable credentials," ANC national spokesperson Smuts Ngonyama said. The ANC leadership had not asked Nthai to withdraw in the light of the controversy surrounding his nomination.

Ngonyama criticised what he said was "unnecessary and undue pressure" as well as "attacks for no apparent reason" on individuals who were nominated for public posts. "We don't have many good people. We have a number of challenges and we have to be very careful in the manner we treat those who are prepared to make sacrifices for our country. "Our country will actually fall short of high quality brains when a good person is attacked and his integrity questioned... It is not good for our country. We need to protect those who want to make sacrifices," Ngonyama said.

This did not mean negative issues could not be raised, but this should be done in a responsible manner. In his reaction, the DA's Hendrik Schmidt said sound minds had prevailed. "Advocate Nthai's decision to step down is a victory for democracy." A nomination from the ANC secretary general amounted to a directive from the party's leadership. "This creates a serious conflict of interests for the members of the committee appointed to independently assess candidates for such positions," he said. It was inappropriate to nominate former party politicians to institutions that required independence.

The Public Protector was such an institution and should be subject only to the constitution and the law, Schmidt said. "It must be impartial, exercise its powers and perform its functions without fear, favour or prejudice. This was echoed by the UDM's Jakes Maseka who praised Nthai for the "honesty he now has for the country".

Nthai's withdrawal came a day after newspaper reports questioned whether he was the right man for the job as he was allegedly embroiled in several controversies during his tenure as MEC. Nthai, a Pretoria-based advocate, was the first to be interviewed by Parliament's ad hoc committee on the appointment of a public protector on Wednesday. Less than three minutes in the hot chair and in reply to a friendly warning from committee chairman Johannes Mahlangu (ANC) that he would face "very difficult questions", Nthai announced his withdrawal.

Mahlangu said: "You are aware this is a very key position. The public protector is a person who has to protect the public..." Nthai replied: "I have been reflecting on my nomination and I have come to the conclusion that I will serve the country better if I am left where I am and therefore I am withdrawing my nomination." The committee accepted his withdrawal and asked for it to be formalised in writing.

Nthai told reporters that newspaper reports had not influenced his withdrawal as he had taken the decision at the weekend. "I have taken this decision on my own, taking into consideration my personal circumstances, as well as what I am doing at the moment." He also denied there had been pressure from within the ANC for him to withdraw. "I had wide-ranging consultations... I consulted my colleagues and some members of the judiciary and on the advice that I got from a wide range of people, I decided I should not make myself available."

Source: IoL