Zuma sues Zapiro, Avusa for R5m

President Jacob Zuma is suing Avusa Media for R5-million for Zapiro's Lady Justice rape cartoon, the Times reported on Tuesday. Zuma started proceedings against Avusa, cartoonist Jonathan Shapiro, also known as Zapiro, and former Sunday Times editor-in-chief Mondli Makhanya in a summons issued in the high court in Johannesburg on Friday.

The cartoon, depicting Zuma preparing to rape Lady Justice, was published on September 7 2008. The president, who was acquitted of a rape charge in 2006, was shown loosening his trousers while African National Congress Youth League leader Julius Malema, Congress of South African Trade Unions general secretary Zwelinzima Vavi, South African Communist Party general secretary Blade Nzimande and ANC secretary general Gwede Mantashe look on, saying: "Go for it, boss."

The president said the cartoon was degrading and left him feeling humiliated. He was demanding R4-million from Avusa, Makhanya and Shapiro and a further R1-million for damaging his reputation. The presidency did not want to comment to the Times and was not immediately available when the South African Press Association sought comment on Tuesday morning. Sunday Times attorney Eric van der Berg said the lawsuit was unexpected. "We are surprised to receive this almost two years down the track. That is all we have to say at this stage."

Sunday Times editor Ray Hartley said it was "sad" that a political figure "can sue over a cartoon". Shapiro told the Times that he "fully" stood behind his cartoon and the views expressed in it. "I will not allow the president to intimidate me," he said.

In June, the South African Human Rights Commission found that the cartoon did not constitute hate speech, unfair discrimination or a violation of any human right enshrined in the Constitution. The commission dismissed a complaint by the Young Communist League and its national secretary, Buti Manamela, that Shapiro defamed Zuma or violated his right to dignity in the cartoon. The commission found that the cartoon expressed a level of "free, open, robust and even unrestrained criticism of politicians by a journalist" and had stimulated "valuable political debate". "Although the SAHRC finds the cartoon and the words used in relation thereto probably offensive and distasteful, same falls short of and does not constitute hate speech, unfair discrimination under Promotion of Equality and the Prevention of Unfair Discrimination Act or a violation of any fundamental human right contained in the Constitution," the commission's finding read.

Source: Mail & Guardian

PS: This action by President Jacob Zuma has been said to have been instituted to draw attention away from another matter. This other matter is possibly his refusal to disclose findings on whether South African constitutional judges found the Zimbabwe election to be fair and free - which may or may not demonstrate a measure of complicity by the South African President (past and present) with Robert Mugabe.

Why has it taken Jacob Zuma more that two years to bring such a claim? Here is a copy of an article (published on 9 September 2008) about the cartoon "Rape of Lady Justice"

'Mr President, please do something'

The South African Human Rights Commission (SAHRC) called on President Jacob Zuma on Friday to intervene in wage talks with public sector unions. "The commission is of the view that intervention from the highest level is needed to bring an end to the strike," SAHRC spokesperson Vincent Moaga said in a statement. "The commission is deeply concerned about the negative impact a prolonged strike has on the right to schooling and access to health care." He said if the strike continued, the country was likely to witness another schooling season characterised by poor matric results.

The SAHRC had written letters to both Zuma and the Congress of South African Trade Unions (Cosatu) voicing its concern about the prolonged labour action during which several protesters have been arrested for public violence. "It is at times like these that South Africa must draw on its good tradition of dispute resolution, conciliation and mediation. The parties should be brought together to resolve the issues prolonging the strike," said Moaga.

Source: IoL

Zapiro's Zuma rape cartoon cleared

The SA Human Rights Commission (Sahrc) has found a Zapiro cartoon depicting President Jacob Zuma about to rape "Lady Justice" did not constitute hate speech, unfair discrimination or a violation of any human right enshrined in the Constitution, the Mail&Guardian reported on Friday.

The commission dismissed a complaint on the cartoon lodged by the Young Communist League and its national secretary Buti Manamela, that cartoonist Jonathan Shapiro had defamed Zuma or violated his right to dignity in the cartoon, published in the Sunday Times in September 2008. It depicted Zuma undoing his trousers while alliance leaders hold down the woman.

They found that it expressed a level of free, open, robust and even unrestrained criticism of politicians by a journalist and had stimulated valuable political debate. "Although the SAHRC finds the cartoon and the words used in relation thereto probably offensive and distasteful, same falls short of and does not constitute hate speech, unfair discrimination under Promotion of Equality and the Prevention of Unfair Discrimination Act or a violation of any fundamental human right contained in the Constitution," the commission's finding reads.

Manamela and the league found it depicted Zuma as a rapist, was distasteful, deplorable and bordered on defamation of character. But, Zapiro believed Zuma and the others depicted in the cartoon had threatened the justice system. In a written submission to the commission, Zapiro argued he was exercising his right to freedom of expression.

He said Malema had threatened to kill for Zuma if the case relating to his corruption charges went ahead. Vavi, depicted in the cartoon, had echoed Malema's pledge and Mantashe said there would be anarchy if the case continued. Judges of the Constitutional Court were also called "counter-revolutionary".

Shapiro felt that the "very real intimidation of the judiciary and of individual judges" justified his use of the metaphor.

The commission said it was common knowledge that Zuma's allies in the tripartite alliance were calling for a political solution to Zuma's corruption charges and that Shapiro had acted with bona fide artistic creativity, in the public interest. The right to freedom of expression therefore outweighed Zuma's right to dignity.

Manamela said the league welcomed the findings, "particularly where it concedes that the cartoon was offensive and distasteful". But, they still believed he could have expressed himself in a way less offensive to Zuma and other alliance leaders.

Source: IoL

FF charges unions with hate speech

The Freedom Front Plus has laid charges with the Human Rights Commission (HRC) and the police against Nehawu, Cosatu and the ANC for hate speech.

The charges were laid following chants of "kill the boer, kill the farmer" by protesters at the Potchefstroom Agricultural College while pointing to white students recently, FF Plus Northwest provincial leader, Pieter Groenewald said.

"This slogan has already been declared hate speech by the HRC and these actions are therefore a transgression," he said.

Source: IoL

'We're not sorry for kill the boer slogan'

It's a slogan that the Human Rights Commission (SAHRC) called hate speech last year and it has resurfaced in the flurry of party propaganda in the run-up to the elections. Earlier this year, the Freedom Front Plus lodged a complaint against Mangaliso Kubheka, national organiser of the Landless People's Movement, claiming he had said "kill the farmer, kill the boer" during a speech.

The SAHRC investigated the complaint and ruled that the LPM apologise publicly via the newspaper Rapport, which had reported on the offending speech. They have until March 23 to respond. However, a defiant Mangaliso Kubheka told Saturday Star that the party would not apologise. "We have nothing to apologise for. The Freedom Front Plus is not a friend or a relative. Maybe the HRC should apologise for talking about things I do not know about."

Kubheka said he did not think the "kill the farmer, kill the boer" slogan constituted hate speech. "We are talking about a party that is calling for the death penalty. Can they tell you who the slogan was directed at anyway? If they say it's hate speech then they must say who it is directed at," Kubheka said. Leon Louw, spokesperson for the Freedom Front plus, said the party was considering suing the LPM. "We are waiting until the cut-off date and if there has not been a response by then, we will definitely take further steps."

Mogam Moodliar, head of legal services at the SAHRC, said their recommendation was that the LPM must apologise for the comments but should that not happen, the commission had brainstormed various responses. "We could mediate, ask the party if they really meant it, or the Freedom Front Plus could take the issue to the Equality Court."

Last June, the Freedom Front Plus lodged a complaint with the SAHRC after African National Congress members used the slogan during two public meetings, one of which was the funeral of ANC MP Peter Mokaba in 2002. On appeal, the SAHRC said the killing of a group of people was an "advocacy of hatred" that amounted to harm.

But Moodliar said this pronouncement did not result in any legal precedent. "It does not mean that every utterance is hate speech. We need to look at whether there was harm caused or intention to cause harm," he said.

Source: IoL

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

'Kill the boer' comes back to haunt ANC

The Freedom Front (FF) on Sunday vowed to a lay a complaint with the South African Human Rights Commission against the African National Congress after incidents of alleged hate speech at the funeral of ANC MP Peter Mokaba on Saturday.

FF leader Pieter Mulder said in a statement if his party received no joy from the commission, then it would consider other legal options. Mulder accused the ANC's leadership of double standards when it came to condemning racism. He said while the crowd attending Mokaba's funeral on Saturday in Pietersburg chanted the slogan "Kill the farmer, kill the boer", a KwaZulu-Natal farmer and his wife were murdered.

Mulder said it was the responsibility of political leaders to educate their followers and to discipline them if their conduct promoted hate speech and racism. He said no funeral of a farmer had even been politicised. "What will be the reaction of ANC leaders if farmers start chanting 'Kill the Xhosas, Kill the black man' during the funerals of the Dent couple?" he asked.

If the SAHRC failed to condemn the slogan as hate speech, the Freedom Front would follow a legal path to get clarity on the issue. Mulder said the constitution was clear on its definition of hate speech. Clarity on what constituted hate speech was needed in view of the song by Mbongeni Ngema urging "valiant, strong, black men" to stand up to Indians, as well as Saturday's repetition of the "Kill the farmer, kill the boer" slogan. "It does not help that leaders talk about reconciliation, but do the opposite," said Mulder.

Source: IoL

Parties unite against Mokaba 'hate speech'

Three political parties have expressed concern and outrage about the use of the slogan "Kill the Boer, kill the farmer" at the funeral of African National Congress MP Peter Mokaba. The Afrikaner Eenheidsbeweging (AEB) added its voice on Sunday night to the Democratic Alliance (DA) and the Freedom Front (FF), objecting to the use of the slogan and condemning it as hate speech.

AEB leader Cassie Aucamp said his party would refer the use of the slogan to the SA Human Rights Commission (SAHRC). He said the slogan, which was made popular by Mokaba, had previously been referred to the commission for a decision on whether it was hate speech or not. At the time the commission found that it was not hate speech if seen against the political background of that era. Aucamp said the commission would have to answer the question if the slogan, seen in the current political context, was still not hate speech. He said what worried him even more was the fact that President Thabo Mbeki had been present at the funeral where the slogan was chanted and apparently did nothing to stop it. He said the AEB would also raise the subject in parliament during Mbeki's budget vote this week.

The FF also vowed to a lay a complaint with the SAHRC against the ANC. FF leader Pieter Mulder accused the ANC's leadership of double standards when it came to condemning racism.

In his reaction, DA leader Tony Leon sharply criticised the government's failure to react. Leon said farmers were being murdered at a terrible rate - last year alone more than 900 farms were attacked and 140 farmers murdered - and the government had done nothing to stop it.

Source: IoL