It is my personal opinion that dealing with white racism/hate
speech and dealing with black racism/hate speech in South Africa is not on par
and that there are actually double standards in dealing with white racists and
black racists.
Racism and hate speech have no place in South Africa, and
whether you are a white, black, yellow, or pink racist, the full velocity of
the law must hit you square in the eyes!
But, on 9 June 2017 AfriForum indirectly highlighted this
issue of double standards when dealing with anti-white racism and anti-white
speech in South Africa – read it here:
Maroela
Media
In summary, AfriForum laid charges against anti-white
racists at the SA Human Rights Commission and the SA Police Service – and “Urlings (Veldtogbeampte by AfriForum) het
gesȇ sou die polisie- en SAMRK-klagtes geen oplossing oplewer nie, AfriForum
ook die moontlikheid sal oorweeg om siviele
ligitasie in te stel teen die persone wat vir die gevoellose plasings
verantwoordelik is”.
In view of the above-mentioned, here are just 2 case studies
to emphasise my opinion that we have double standards in South Africa:
Case #1: Dealing with
anti-white racist Zama Khumalo
‘SAHRC FACILITATES,
WELCOMES PUBLIC APOLOGY BY FACEBOOK "RACIST", KHUMALO.
The South African
Human Rights Commission facilitated and welcomed the public apology and
withdrawal of all hurtful racial statements posted on social media by the young
unemployed journalist Zama Khumalo (see Times report).
On 24 January 2013,
Khumalo posted a comment on his Facebook page relating to a school bus
accident, which took place in the Westedene area of Johannesburg during 1985
where a number of school children tragically lost their lives.
In response to
statements made by two different individuals with access to the Khumalo's
Facebook page, he made the following additional statement:
"On 27 March
2013, I will send out an invite to invite you to come to the Westedene Dam for
a BIG Black Braai, (100% Blacks), fireworks, DJ - Black-People, celebrating
their death.. and "we will always celebrate the death of whiteness".
The Commission
received thirteen complaints against Khumalo from 6th to 14th February 2013,
for these comments made.
The Commission today
headed a mediation session between Khumalo and some of the complainants
following his racist remarks.
The meeting was
attended by the legal representative of Media 24 Limited who are also the
complainants in this matter, representatives from the Commission, including its
CEO, and the respondent, Mr Khumalo.
The Commission
explained the nature of the meeting to Khumalo and the other attendees and the
mandate of the Commission in terms of its constitutional obligations.
Khumalo was guided
through the form and nature of mediatory proceedings. He was advised that the
meeting was not intended to be an adversarial hearing with the objective of
determining or apportioning blame, but was instead aimed at reaching a
consensus in line with principles of reconciliation, directed at understanding
motives, perception, nation building and interests.
Khumalo was provided
an opportunity to, among others, provide a background of the events which led
up to the posting of his comments on Facebook, his personal experiences
including the public response which it had elicited, to express his feelings of
remorse and regret towards those affected.
This was with the aim
to permit a process which encouraged constructive, responsible forward growth
and understanding; to convey and confirm the relief sought by complainants; and
to reach agreement regarding the terms to be included in a settlement
agreement, finalised by the respective parties and made public through the
Commission.
Khumalo expressed
acute feelings of remorse and regret about the hurt caused to those affected,
to Media 24 Limited and the general public.
In his words Khumalo
said:
"I (Zama Khumalo)
hereby tender my summary and unequivocal apology to the general public of South
Africa, the Commission, each of the complainants and the individuals who were
either directly or indirectly affected by the tragic Westedene bus accident
including those families who lost loved ones. I acknowledge the hurt and pain
that I have caused as a result of the comments made on Facebook, which were
made in a state of anger and disappointment. I therefore truly and genuinely
apologise for making such statements and I accept the terms of the agreement as
more fully set out herein and also undertake from this date onwards to refrain
from, by word and / or by deed, conducting myself in a manner associated with
hate and hurtful speech or racism such as that contained in my previous
comments."
This statement was
reciprocated by a statement from one of the complainants [Media 24] accepting
the statement, events and sincerity of the apology.
On this basis
agreement was reached regarding each term of the settlement process as
encompassed in this agreement.
TERMS OF SETTLEMENT
7.1. On a
consideration of the age of the respondent, remorse shown, other forms of
relief suggested by the complainants, feedback from the complainants regarding
the Commission's recommendations and all other relevant factors, the following
terms of have been agreed to:
7.1.1. An undertaking
for the adoption of the settlement agreement by the respondent;
7.1.2. A public apology
to form part of the Commission's settlement as stated hereunder;
7.1.3. A public
apology specifically directed to the families of those who lost loved ones
during the Westdene Bus Crash, to be posted on the following website:
www.westdene1985.co.za;
7.1.4. A public
apology on the Facebook page of the respondent;
7.1.5. The settlement
agreement to be made public to the media and the complainants;
7.1.6. That the
respondent visits the website: www.westdene1985.co.za to take note of some of
the photos and articles written about the accident to afford the respondent an
opportunity to truly appreciate the trauma caused by the event; and
7.1.7. An undertaking
to participate in suitable diversity training programmes or educational
workshops, as recommended by the Commission;
7.1.8. That the
respondent visits the Westpark Graveyard where many of the children who lost
their lives were laid to rest to clean the graves and to place flowers at the
tombstones, taking into account the following:
7.1.8.1. The respondent
has indicated his need for security during this visit, which the Media 24
representatives undertook to provide in conjunction with monitored support from
the Commission.
7.1.9. Further to the
terms set out above and specifically requested by Media 24 Limited:
7.1.9.1. That the
respondent will not submit any articles / posts / articles / text in respect of
Daily Sun, City Press, Sunday Sun or any other Media 24 Limited Publication on
the respondent's Facebook, Linkedin, Google, Twitter profiles or on any other
website, social media network or platform which would be considered unlawful in
South Africa;
7.1.9.2. That the
respondent shall, at any stage of submitting articles / posts / articles / text
on the respondent's Facebook, Linkedin, Google, Twitter profiles or on any
other website, social media network or platform, clearly state the period
during which he was employed with Media 24 to avoid the impression that he is
currently employed at Media 24 Limited;
7.1.9.3. That the
respondent must provide a written undertaking not to publish any further
articles / posts / articles / text which are prohibited in South African law
regarding the Westdene Dam Tragedy;
7.1.9.4. That the
respondent will ensure the removal of all posts and comments published by the
respondent on his Facebook page (Zama Khumalo) which are unlawful in terms of
South African law;
7.1.9.5. That the
respondent will ensure the removal of all unlawful posts and / or comments
relating to Media 24 Limited;
7.1.9.6. That the
respondent will ensure that the public does not have access to any photographs
through his Facebook, Linkedin, Google and / or Twitter profiles or on any
other website or social media network or platform which indicate an employment
relationship between the respondent and Media 24 Limited;
7.1.9.7. That the
respondent provides an unconditional apology to the family and loved ones of
every victim of the Westdene Dam Tragedy (which can be done through the
following website: www.westdene1985.co.za), the South African Public, Media 24,
Daily Sun and City Press.
7.1.9.8. That the
apology from the respondent must be published in full on the respondent's
Facebook page and that related thereto:
7.1.9.8.1. The
respondent will continually monitor all comments made on his Facebook page
relating to his apology and will remove all unlawful comments within a
reasonable period of time after having been requested to do so by Media 24; and
7.1.9.8.2. Media 24
has undertaken to monitor the Facebook page of the respondent for a reasonable
time in the foreseeable future to ensure compliance herewith.
7.1.9.9. That the
respondent's apology be made available to Media 24 Limited, to be published on
its websites and be provided to SAPA, at its discretion together with a
statement urging the South African public not to engage in further conduct of a
similar nature;
7.1.9.10. That the
respondent attends a diversion / rehabilitation course regarding race relations
in South Africa (as per the Commission's proposals).
7.1.10. That subject
to the above, the complainants agree to the following:
7.1.10.1. To cease
pursuit of all ongoing or intended legal action against the respondent, whether
criminal or civil in nature;
7.1.10.2. To regard
this agreement as a final settlement of their complaints against the respondent
and to desist from any further actions against him arising from the complaint.
The Commission will
post the full agreement on to the website dedicated to the victims of the
Westdene, www.westdene1985.co.za, and on our websitewww.sahrc.org.za.
Khumalo will as part
of the settlement post a formal apology on to his facebook site.
The Commission has
noted the increase in violations arising from the abuse of social media
platforms and strongly urged the public to make a conscious effort toward
eradicating racism.
Statement issued by
Isaac Mangena, Head: Communications, SA Human Rights Commission, February 14
2013’
A slap on the wrist I would say!
Case #2: Anti-black
racist Penny Sparrow
Firstly, she was criminally charged and convicted:
‘Penny Sparrow fined
R5 000 for racist rant
Crime & Courts |
12 September 2016, 3:15pm
Giordano Stolley
Durban - Former
KwaZulu-Natal estate agent Penny Sparrow was convicted in the Scottburgh
Magistrate’s Court on Monday of crimen injuria in relation to racist comments
that she made at the start of the year comparing black people to monkeys.
Former estate agent
Penny Sparrow has been convicted of crimen injuria.
Magistrate Vincent
Hlatshway handed Sparrow a R5 000 fine, or or 12 months imprisonment.
National Prosecuting
Authority (NPA) spokeswoman Natasha Ramkisson-Kara said that Sparrow was
sentenced to an additional two years, which was wholly suspended for five
years, during which time she must not be convicted of crimen injuria.
She was also ordered
to make a public apology for her remarks over the social media platform
Facebook – the very platform over which she vented her rage against black South
Africans, referring to them as “monkeys”, who if allowed loose on the country’s
beaches, would cause “huge dirt and troubles and discomfort to others”.
Sparrow was convicted
on her own guilty plea.
The charge against
Sparrow was brought by Democratic Alliance member and Black Like Me founder
Herman Mashaba.’
Secondly, she was also charged in the Equality Court and
fined:
In June 2016, Equality
Court Magistrate Irfaan Khalil ruled that Sparrow had to pay R150 000 to the
Oliver and Adelaide Tambo Trust to atone for her posting.
In that case Sparrow
was also ordered to pay the legal fees of the African National Congress, who
brought the matter before the Equality Court. Sparrow did not appear in court
for that case, but has appeared on all occasions in connection with the crimen
injuria charge.
Compared to Khumalo, I would say she received punishment
just short of the death penalty!
There we are, my plea is that racism and hate speech should
not be tolerated but then, whether you are a white, black, yellow or pink racist,
deal with them equally!
Danie
