The Hate Speech Thread

[Davidc]

Post any hate speech items here. Please post links to any articles copied here.

[Davidc]

http://www.defenceweb.co.za/mobilesi...item_id-51185/


DA to report SANDF officer to Human Rights Commission for hate speech

by defenceWeb, March 27, 10:01 am

SANDF officer to be reported for hate speechA SA National Defence Force (SANDF) officer who used social media to launch a hate speech attack has apparently been given a verbal warning which an opposition Democratic Alliance (DA) MP believes falls far short of the mark as punishment.
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Kobus Marais, the party's shadow defence and military veterans minister, wants Minister Nosiviwe Mapisa-Nqakula to intervene with "appropriate disciplinary processes" following the posting.

The officer, known only as Major Mohlala and attached to the SA Army Signals Formation at Wonderboom military base in Pretoria, apparently posted a response after a photograph of a badly beaten 80-year-old man was put on social media. The officer is allegedly to have written that the man's attackers "should actually have poked out his eyes and tongue so that the last people he would ever see were the killers and he could go to his grave with the nightmare".

He is also alleged to have written: "Apartheid is in him. All of these old white people think we are stupid when they say they were opposed to apartheid. We will not forget what they have done. Now it is the white people's turn".

See also

More legal wrangling coming for the SANDF

Another bloody nose for military legal services

In response Marais said there was "absolutely no justification for such hateful commentary by any South African" and given that the apparent offender is an officer in the SANDF the remarks are "simply unacceptable".

"Apparently, Major Mohlala has only received a warning of future disciplinary action. This is simply not enough given the seriousness of his breach of non-racialism and respect for human dignity", Marais said adding the Minister "must urgently initiate the appropriate disciplinary processes". He will also be referring the matter to the SA Human Right Commission.

The Code of Conduct for uniformed members of the SANDF states, in part: "I will treat all people fairly and respect their rights and dignity at all times, regardless of race, ethnicity, gender, culture, language or sexual orientation".



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[Davidc]

https://www.telegraph.co.uk/news/wor...-the-Boer.html

Julius Malema found guilty of hate speech for singing 'Shoot the Boer'

Julius Malema found guilty of hate speech for singing 'Shoot the Boer'
Julius Malema
Picture: AP
By Aislinn Laing, Johannesburg
2:00PM BST 12 Sep 2011
Julius Malema, the outspoken president of South Africa's ANC Youth League, has been found guilty of hate speech for singing the apartheid-era struggle song, Shoot the Boer.

A judge ruled that Mr Malema's repeated performance of the song was "derogatory, dehumanising and hurtful" to the country's Afrikaans minority group and had no place in the new South Africa.

Judge Colin Lamont said that if the 30-year-old sings it in future, he faces criminal charges and a potential prison spell.

"People must develop new customs and rejoice in a developing society by giving up old practices which are hurtful to members who live in that society with them,” Judge Lamont, sitting at Johannesburg High Court, said.

"The enemy has become the friend, the brother. This new approach to each other must be fostered."

The ruling is the latest in a string of setbacks for Mr Malema, who has won support among impoverished blacks with calls for mine nationalisation and forced land redistribution.

He is facing expulsion from the ANC for challenging President Jacob Zuma and is under investigation by the anti-corruption watchdog for allegedly taking bribes for tenders.

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The ANC Youth League said Judge Lamont's decision effectively banned the celebration of "the struggle of the people of the Republic of South Africa".

But it was welcomed by AfriForum, the Afrikaner rights group which brought the civil case.

"It sends a clear message to Malema that he isn't above the law and that he can't sow divisions wherever he goes," said Kallie Kriel, AfriForum's CEO.

"These songs change over time to adapt to new circumstances. It's time that the ANC adapts from being a struggle organisation to a modern political party."

Mr Malema was not present in court for the ruling but previously argued the song was a liberation anthem and did not refer to individuals but rather the apartheid oppressor in general.

AfriForum argued that with the death toll of white farmers, also known as Boers, at an estimated 3,000 since apartheid's end in 1994, Mr Malema's actions were insensitive and cruel.

Judge Lamont said there was no evidence that the youth league president's actions had contributed to any deaths or injuries.

But he said Mr Malema transformed the song into a staccato chant complete with shooting gestures, and would have been fully aware of how his words might be interpreted and the effect they might have.

Mr Malema was ordered to pay partial costs for the court case. The ANC, which backed its erstwhile youth leader in the hate speech case, said it was "appalled" by the judgement, which it said was an attempt to "rewrite undesirable South African history".

"This ruling flies against the need to accept our past and to preserve our heritage as an organisation and as a people," spokesman Jackson Mthembu said."The ANC will explore every possibility to defend our history, our heritage and our traditions."


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[Davidc]

https://www.theguardian.com/world/20...on-hate-speech

Jacob Zuma under investigation for using hate speech
Complaints lodged with human rights watchdog after South African president blames country’s ills on its first white settler, Jan van Riebeeck

David Smith in Johannesburg @smithinamerica
Thu 19 Feb 2015 15.50 GMT Last modified on Wed 29 Nov 2017 23.03 GMT
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Jacob Zuma reportedly told a fundraising dinner that Van Riebeeck’s arrival ‘disrupted South Africa’s social cohesion, repressed people and caused wars’

Jacob Zuma, the president of South Africa, is under official investigation for using hate speech against a man who died 338 years ago.

Complaints have been lodged with a human rights watchdog after Zuma blamed South Africa’s ills on the country’s first white settler, Jan van Riebeeck, a Dutch administrator who opened the way for European colonisation.

“You must remember that a man called Jan van Riebeeck arrived here on 6 April 1652, and that was the start of the trouble in this country,” Zuma reportedly told a recent fundraising dinner in Cape Town. “What followed were numerous struggles and wars and deaths and the seizure of land and the deprivation of the indigenous peoples’ political and economic power.”

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Van Riebeeck’s arrival “disrupted South Africa’s social cohesion, repressed people and caused wars”, he said.

The comments, and the backlash against them, illustrate how a tormented racial history dating back centuries is in constant tension with the aspiration of a “rainbow nation”. The opposition Freedom Front Plus (FF Plus) party, representing Afrikaner interests, accused Zuma of causing polarisation and lodged a charge of hate speech with the South African Human Rights Commission (SAHRC).

Pieter Mulder, leader of the FF Plus, said Zuma was resorting to “scapegoat politics”. He told parliament on Wednesday: “The honourable president says a man called Jan van Riebeeck arrived here, and that was the start of problems in the country. I can prove the president is wrong. But what did he say in plain language? He said, when white people arrived here the trouble started.

“What is the understanding of ordinary ANC supporters? They understand that if one gets rid of the white man, all problems are solved. Get rid of the cockroaches and all problems go away.”

The SAHRC confirmed that it is investigating the FF Plus complaint and two other complaints of hate speech against Zuma. “We have accepted these complaints and have started with the investigation,” its spokesperson Isaac Mangena said.

Van Riebeeck, working for the Dutch East India Company, founded the settlement at the southern tip of Africa that became Cape Town. The day of his arrival used to be a public holiday known as Founder’s Day, but was abolished by the new democratic government in 1994. Van Riebeeck’s face also used to adorn the national currency, the rand, which now bears the image of the first black president, Nelson Mandela.

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Dave Steward, the executive director of the FW de Klerk Foundation, wrote last month: “The anti-Jan van Riebeeck campaign is yet another example of the disturbing and increasingly overt anti-white posture of the president and the ANC. Indeed, the ANC’s core programme, its ‘national democratic revolution’, is the continuation and completion of its ‘liberation’ struggle against white South Africans whom it views as ‘antagonists’.”

Zuma stuck to his guns on Thursday during a state of the nation debate. “It is history,” he told parliament in Cape Town. “When I said that Jan van Riebeeck landed here our problems began … it’s a historic fact. Wars happened, people were removed. It is written down, it’s not me concocting it.”

The president reiterated, however, his commitment to Mandela’s vision of a non-racial society, insisting that there had never been an intention to drive white people out of the country. “I’ll never be racist. I fight against those who suppress minorities.”

Zuma appeared calm, and earned social media plaudits for a statesmanlike performance during his speech, after a week of personal and political turmoil in South Africa.

His state of the nation address last Thursday descended into chaos and fisticuffs when armed security were called to remove the opposition Economic Freedom Fighters (EFF) after they raised questions over lavish public spending on Zuma’s rural homestead. There was also an uproar over the use of a jamming device that blocked journalists’ mobile phone signals.

Zuma’s predecessor, Thabo Mbeki, claimed he had mishandled the situation, and in parliament this week Mmusi Maimane, the parliamentary leader of the Democratic Alliance, delivered a scathing verdict.

“For you, honourable president, are not an honourable man. You are a broken man, presiding over a broken society. You are willing to break every democratic institution to try and fix the legal predicament you find yourself in,” he said.

Zuma’s ally Baleka Mbete, the speaker of the national assembly, was forced to apologise after describing the EFF leader Julius Malema as a “cockroach”, a word that to many ears had grim echoes of the Rwandan genocide.


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[Davidc]

https://www.iol.co.za/sunday-tribune...peech-13546870

DA to report Malema for hate speech
NEWS / 1 MARCH 2018, 4:02PM / LUNGANI ZUNGU
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EFF leader Julius Malema File picture: Mark Wessels/Reuters
DURBAN - The DA and EFF's marriage is officially on the rocks.

The EFF has threatened to pull out of the coalition government in Port Elizabeth (Nelson Mandela Bay), while the DA hit back and was set to take EFF leader Julius Malema to the Equality Court over comments he allegedly made at the red beret's election's campaign launch.

Malema was quoted saying: "We are going to remove a mayor of PE, Athol Trollip, we are going for your white man in PE. We are going to cut the throat.”

The DA governs Nelson Mandela Bay, Johannesburg and Tshwane through coalition votes from the EFF, the UDM and other opposition parties.


The DA's national spokesperson, Refiloe Nt'sekhe said Malema's comments were hate speech and incited violence.

“While these kinds of vile and bigoted statements have come to characterise the EFF and its leader, they have no place in South Africa and only undermines our constitutional democracy,” said Nt'sekhe in a statement on Thursday .

Nt'sekhe said the DA would report Malema to the Equality Court in terms of Section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act, which states that: “no person may publish, propagate, advocate or communicate words based on one or more of the prohibited grounds, against any person, that could reasonably be construed to demonstrate a clear intention to: (a) be hurtful; (b) be harmful or to incite harm; [and] (c) promote or propagate hatred”.

On Tuesday, during parliament's debate on land expropriation without compensation, Malema warned the DA that the EFF would sponsor a motion of no confidence against Trollip.

This was after the DA rejected the EFF led motion on land.

Subsequently, EFF’s deputy leader, Floyd Shivambu, wrote on Twitter: “We, the leadership of the the EFF, have officially instructed the leadership of the EFF in the EC to start process of tabling a motion of no confidence against DA Mayor in Nelson Mandela Bay, & publicly state that if the ANC presents a credible candidate, we will vote with them!”.


The DA said it would be the people of Port Elizabeth who would bear the brunt of the EFF’s “cheap politicking”.

“The EFF is effectively attempting to reverse all the good work the DA-led coalition has done, and hand Nelson Mandela Bay back to the ANC on a silver platter,” the statement read.

The DA said it will not be held ransom by the EFF’s attempts to get back into bed with the ANC.


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[Davidc]

https://www.timeslive.co.za/politics...gainst-whites/

EFF member apologises for inciting hate against whites
15 March 2018 - 10:29
BY ERNEST MABUZA
Luvuyo Menziwa posted a handwritten apology on his Facebook page.
Luvuyo Menziwa posted a handwritten apology on his Facebook page.
Image: 123RF/ nito500
Civil rights group AfriForum has celebrated a ruling by the Equality Court‚ which found that a member of the Economic Freedom Fighters’ youth wing at the University of Pretoria was guilty of hate speech and incitement to violence.

In August 2016‚ Luvuyo Menziwa explained in a Facebook post why he hated white people and called for an AK-47 machine gun or a bazooka to kill whites. A member of the AfriForum Youth Henrico Barnard laid a charge against Menziwa at the Equality Court.

The Equality Court ruled on March 9 that Menziwa must‚ within five days of the court ruling‚ apologise for his actions and the negative consequences thereof on his Facebook page.

The court also said he must furthermore perform 30 hours of community service‚ specifically in poor white communities.

How to report hate crime anonymously in SA

In a first of its kind locally‚ a website has been launched to help victims anonymously report hate crimes in South Africa.
NEWS 16 days ago
“It is encouraging to see that political student leaders are not above the law. I want to emphasise that leaders should accept responsibility for their statements‚ and not make themselves guilty of cheap politicking‚” Barnard said.

Menziwa posted a handwritten apology on his Facebook page on Tuesday and attached the offending post.

In his apology‚ Menziwa said there were serious consequences for violating the rights of the white community‚ such as being expelled for a year from the university and losing funding for his studies.

In a first of its kind locally‚ a website has been launched to help victims anonymously report hate crimes in South Africa.

The platform was created by the Love Not Hate campaign‚ a nationwide initiative addressing violence against lesbian‚ gay‚ bisexual‚ transgender and intersex (LGBTI) people.

The Ahmed Kathrada Foundation plans to launch the pilot phase of a new racism reporting app. The Zimele Racism Reporting App intends to aggregate data and provide a trend analysis of hotspot areas where racism may be prevalent.


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[Wanderin' Zero]

https://www.iol.co.za/sundayindepend...-long-14183453

THREE weeks. That’s how long you’ll spend in jail if you utter South Africa’s most infamous word. Vicki Momberg said it 48 times on the trot. She’s looking at three years in jail, with a year suspended, so make that two weeks inside for each utterance.


Magistrate Pravina Raghunandan made history last week when she handed down the sentence at the Randburg Magistrate’s Court, five months after Momberg, a former estate agent, was convicted on four counts of crimen injuria in the same court.


She’d apparently just been the victim of a smash-and-grab incident in Northriding, Johannesburg, in February 2016, when a black police officer approached to help her.


She was distraught, her lawyer said. What ensued instead was a racist rant in which the k-word was used 48 times, including in a call to the emergency 10111 centre - as well as a threat to drive over any black person she might see, or shoot them if she had a gun.


It was a singular act of racism that was shocking even in a country once the gold standard for institutionalised racism.


It wasn’t a once-off incident either. Momberg was never remorseful; indeed, her conduct - two years after the incident - traumatised her probation officer to such a degree that she had to recuse herself from the case.


Despite this, her tone-deaf defence team approached the probation department for a pre-sentencing report. It was so dire, they opted not to present it in court. The prosecution did, though.


Head probation officer Daphney Naidoo suggested that Momberg be jailed for between 100 and 200 hours, but not longer because it wouldn’t address the underlying issues Momberg had. Magistrate Raghunandan saw it differently. “Respect for one another is sacrosanct, we are all human beings. This case has become public interest; some may think the sentence is harsh It must send out a clear message for people who use the k-word.”


It definitely has sent a message, far and wide, as it ought. One of the greatest tragedies has been the upsurge in anecdotal and reported racism by South Africans who are Born Frees, who weren’t even alive during apartheid to blame it for their prejudices.


Racism is a scourge in this country and needs to be not just outlawed, but also seen to be outlawed.


Momberg’s sentence, if it is upheld by a senior court, will do just that.


The problem will be to unpack the compelling nature that allowed the magistrate to lay down a jail sentence far in excess of what the probation officer recommended and indeed way beyond, as columnist Rebecca Davis noted in the Daily Maverick.


She referred to Penny Sparrow, also a former estate agent, whose Facebook rant merited a R5000 fine and a suspended two-year jail sentence, and UCT student Djavan Arrigone, who escaped jail after being convicted of crimen injuria and assault after he urinated off a night club balcony on to a black man below. All of these incidents happened in the same year - 2016.


Last year, Momberg was also ordered to pay Constable David Makhondo, the police officer who bore the brunt of her racist wrath, R100000 by the Equality Court. In Raghunandan’s defence, neither of the other two cases involved the use of the k-word. It remains a unique South African pejorative, our version of the equally hated American “nigger”.


But there are other words that are fast reaching the same nadir: amakula for Indians, amakhaladi for coloureds, amakhwerekhere for foreigners generally and Boer(e) or amaBhunu for Afrikaners specifically.


It doesn’t matter that Boer might be a word that actually means farmer in Afrikaans or once described an Afrikaner state.


Mining shares on the Rand were once known as k*****s and traded as such, while the Eastern Cape was once termed Kaffraria and the SANDF’s Buffalo Volunteer Rifles Regiment in East London was the Kaffrarian Rifles until 1999. What does matter is the intent of the person uttering the word and its effect upon the people who are intended to hear it.


In 2014, the Supreme Court of Appeal effectively found as much when it criminalised the use of the word k***** in Prinsloo v The State. The word, said the bench, “was used to hurt, humiliate, denigrate and dehumanise Africans”, and that the appellant, Bloemfontein businessman Lourens Stephanus Prinsloo, had intended to humiliate, denigrate and injure the dignity of the complainants. As such, the appeal failed and the original sentence of R6000 or a year in jail, all suspended for five years, was upheld.


If Boer became a pejorative like the k-word, people like Judge Nkola Motata of tea-drinking, Jaguar-crashing fame would be incredibly relieved to remember that our law is not retrospective.


For, despite his efforts to deny the viral video of him looking dishevelled and drunk, raging at the homeowner whose wall he crashed into in Craighall, Johannesburg, he’s never denied the epithets he issued freely that night. Then there’s Julius Malema, who had to be rapped over the knuckles for singing Shoot The Boer - which could ultimately be both hate speech and racist.


Racism is racism, irrespective of who it is practised by, and we must as South Africans - indeed as the much-derided Rainbow Nation - stamp it out wherever it occurs, if we are to ever hope of creating the society that our much-lauded constitution envisages.


We dare not create a get-out-of-jail card condoning bad, even criminal, behaviour for some groups because of past, appalling injustices visited upon them or their forebears. If we do that, we allow a Frankenstein situation where the oppressed become the oppressors, which we have seen all too often in other parts of the world, with tragic consequences.


It remains unconscionable that other Facebook posts, inciting racial hatred, are merely ignored because the authors aren’t white.


Velaphi Khumalo is perhaps the best example, receiving a slap on the wrist from his employers, the Gauteng Department of Sport, for calling on South Africa to treat whites the way Hitler did the Jews, and was seemingly ignored by the Equality Court, even though his rant followed Sparrow’s but predated Momberg’s.


It means calling out racism wherever it occurs, not defending it as freedom of speech or fudging it as a metaphor, as the EFF tried to do with its Port Elizabeth battle cry “cutting the throat of whiteness”.


Racism is an evil that has to be eradicated if we are to ever move forward, and South Africa remains a place where we stand the best chance of doing just that.


White South Africans have been incredibly privileged to witness, through the #Fallist movement, the ripping off of the scabs of wounds that were never properly cauterised by the political miracle of April 27, 1994.


They have been able to begin to understand concepts like white privilege and the legacy that still pervades so many aspects of life, as Ferial Haffajee poignantly argues in her book What if there were no Whites in South Africa?


But any efforts to truthfully, honestly and sustainably address racism are perennially derailed, most recently by former president Jacob Zuma’s opportunistic use of the race card last year and the advent of crassly expedient race-mongering by Bell Pottinger and the Gupta-bots personified by Andile Mngxitama.


Sparrow and all the other white racists might just add fuel to the fire, but the often unreported consequence of race-mongering is the centrifugal effect on minorities, seen in the adopting of laager mentalities and higher than normal rates of emigration.


Racism is sadly part and parcel of South African life. If we are not racist, then too many of us, irrespective of our hue, colour, class or creed, remain at the very least raced - seeing the world through the prism of them and us.


When we add an economy in distress, spiralling formal unemployment and political impotence, we see this toxic trifecta of resentment spilling over into xenophobic attacks in our townships.


This vicious cycle has to be stopped and reversed into a virtuous cycle, but to do so will take courage and statesmanship, not leadership, as well as a very high pain threshold. It means holding everyone to account without fear, favour or prejudice, on the basis of what they’ve done, not who they are.


Magistrate Raghunandan quite correctly drew a line in the sand. Momberg deserves to be in jail, of that there is no question.


But she shouldn’t be alone for too long - if the law is properly and fairly applied. It’s tough medicine, but critical if we are to emerge from this hideous morass that continues to define us almost 400 years after Jan van Riebeeck first anchored in Table Bay.


The Sunday Independent

[Wanderin' Zero]

Publication date: December 2011

https://www.news24.com/Archives/Witness/Police-clerk-faces-probe-for-teach-whites-a-lesson-hate-speech-20150430

“WHEN the Black Messiah (NM) dies, we will teach the whites a lesson. We will commit genocide on them. I hate whites.”

These words of a policeman on the Facebook page of suspended ANC Youth League leader Julius Malema have led to an internal inquiry against him.

National police spokesperson Captain Dennis Adriao has confirmed that Lieutenant-General Khomotso Phahlane, head of the forensic laboratory services and criminal records centre, has ordered that an internal inquiry be conducted against Juda Dagane.

On his Facebook page Dagane describes himself as a forensic analyst/investigator in the police services.

Adriao said Dagane is in fact a clerk in the police forensic department in Gauteng.

Institute for Security Studies senior researcher Dr Johan Burger said he is pleased that the police are investigating the matter, because besides the fact that what Dagane has posted on Facebook is hate speech it also contravenes police regulations.

On November 19 Dagane wrote on Malema’s page that “Black apartheid” should be instituted, that genocide should be committed against whites and that he hates whites.

“Whites have no ROOM in our heart and mind. Viva MALEMA,” Dagane wrote.

In his last wall post, on December 7, Dagane wrote: “Who said a policeman can’t be political? I am a staunch supporter and card-carrying member of the ruling African National Congress (ANC). The police act allows it.”

Burger said that according to police regulations a police officer can belong to any political party.

“If the member has identified himself as a member of the police on Facebook his actions may not contravene police prescriptions,” Burger said.

“A police officer cannot make such pronouncements, because they clearly constitute hate speech.

“According to police regulations, a police member is free to belong to any party, but he may not hold public office in a political party or make any public political pronouncements.

“When such pronouncements are made on Facebook they are public pronouncements.”

Dagane has not responded to any inquiries.

[Pirate]

Gents, as a suggestion: when legacy/archived articles are referenced and posted, please consider marking them as such. It would be good to be able to easily differentiate between current and past events, without having to resort to searching the post for a publish date.

[Davidc]

https://www.enca.com/media/video/the...-src-president


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Johannesburg, 28 April 2015 - Wits SRC president Mcebo Dlamini has defended his Facebook post about admiring Adolf Hitler. His message has sparked outrage from the South African Union of Jewish Students.