Hate speech ruling against Bongani Masuku, guest of BRICUP and UCU

Background on Engage:

The British Commission for the Universities of Palestine (BRICUP) with the University and College Union (UCU), plan to host a speaker, Bongani Masuku, who has been under investigation by the South African Human Rights Commission (SAHRC) for a complaint of hate speech lodged by the South African Jewish Board of Deputies (SAJBD) on March 26th 2009. The SAHRC recently ruled to uphold the complaint, finding that statements Bongani Masuku had made did amount to hate speech.

Copied to the SAJBD, here is the ruling of the South African Human Rights Commission.

From it:

“21. On the day in question Mr Masuku was speaking to students who included both Jewish Zionists and Palestinian supporters. There appeared to already have been noted tension between these two groups. Therefore by Mr Masuku making those remarks he surely intended to incite violence and hatred that was already potentially imminent amongst these two groups. COSATU members of Palestinian supporters present at this rally could easily have been incited to hate, and even attack their Jewish counterparts. This is exactly what Section 16(2) of the Constitution seeks to prevent.

22. Mr Masuku’s heated statements made amidst 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.

23. Mr Masuku in his response to the allegations put to him by the South African Human Rights Commission, states that he was heckled by what he refers to “as a particular section of the audience – most of whom seemed to be members of the South African Union of Jewish Students”. This statement leave little doubt that the references made by him referred to Jews.

24. The statement that “it will be hell” for any group of students, taken in its proper context is intimidatory and threatening. It is conveyed as a warning to the effect that should one support Israel, one would suffer harm. Harm for the purposes of Section 16(2), as confirmed in the Freedom Front decision is wider than mere physical harm.

25. In responding to the allegations relating to the emails sent by him, Mr Masuku fails to deal with the context in which he used the words “…whether Jew or whomsoever does so, must not just be encouraged but forced to leave…” These words in effect come across that unless South Africans agree with his views they should be forced to leave South Africa.

26. In view of the content of the speech made and emails sent by Mr Masuku it is clear that the expressions amount to the advocacy of hatred and thus would not fall under the protection of Section 16(1) of the Constitution.

27. 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. A prima facie case of hate speech is clearly established as the statements and comments by Mr. Masuku are offensive and unpalatable to society.

Finding:

28. In light of the above, the Commission hereby finds that the statements made by Mr. Bongani Masuku amounts to hate speech.”

The University and College Union is willing to sacrifice its anti-racist credibility to welcome and host a person who unashamedly, as an anti-racist and without a trace of irony, demands that his country’s Jews be menaced. This is a perversion of the necessary and valid campaign for Palestinian rights and a perversion of anti-racism.

Update: Harry’s Place – Bongani Masuku’s claimed constitutional right to hate speech. South Africa’s Palestine Solidarity Committee alleges gullibility on the part of their country’s Human Rights Commission, accuse it of issuing “a pack of lies”, accuse South Africa’s organised Jewish community of “constant, frivolous, and false accusations of ‘anti-Semitism’”, and declare their intention to appeal against the ruling above.

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