Masuku hate speech case heads to Con Court

NICOLA MILTZ

Ten years ago, Masuku, while holding the position of international relations secretary of Cosatu, made a series of highly inflammatory and hateful comments directed at the Jewish community supporting Israel, following deadly violence in Gaza.

The South African Jewish Board of Deputies (SAJBD) laid a complaint of hate speech with the South African Human Rights Commission (SAHRC) which found in its favour, and referred the matter to the Equality Court which, in turn, found Masuku’s statements to be hate speech in terms of the Equality Act. Masuku was ordered to apologise unconditionally to the Jewish community.

He refused to apologise, and took the matter on appeal.

The Supreme Court of Appeal (SCA) upheld his appeal against hate speech last December, finding Masuku not liable for committing an act of hate speech. The SCA found that the words were protected speech, and did not constitute hate speech in terms of the constitution.

The SAHRC has been pursuing the case against Masuku on behalf of the SAJBD since 2009.

On 10 February 2009, Masuku said, “As we struggle to liberate Palestine from the racists, fascists, and Zionists who belong to the era of their friend Hitler! We must not apologise, every Zionist must be made to drink the bitter medicine they are feeding our brothers and sisters in Palestine.

“We must target them, expose them, and do all that is needed to subject them to perpetual suffering until they withdraw from the land of others and stop their savage attacks on human dignity. Every Palestinian who suffers is a direct attack on all of us.”

Masuku reportedly said – among other ugly things – that Jews who continued to stand up for Israel should “not just be encouraged but forced to leave South Africa”.

The SAJBD has said that it believes his statements constitute unlawful incitement to cause harm. It is now looking to the Constitutional Court to address these critical issues, and hopefully to confirm the original hate-speech rulings of the SAHRC and Equality Court.