Restorative, not punitive, justice

SHAUN ZAGNOEV

The South African Jewish Board of Deputies was extensively involved in the matter, engaging on a continual basis with both the sender and the recipient of the message, their respective parents, and the principal of Treverton.

Sincere apologies were extended by the perpetrator and his father, and the Treverton principal also issued a statement. The school has instituted a thorough investigation into the incident, and a disciplinary process is taking place against all the pupils involved.

On Sunday, the board hosted a meeting of the families to build on the spirit of understanding and reconciliation created over the previous few days. We are now working with Treverton and the Durban Holocaust Centre on shortly instituting Holocaust education and sensitivity training for the offender and other pupils at the school. I commend all parties, especially the young community member targeted by the demeaning, hurtful communication, for the way this painful incident was turned into an opportunity for learning and healing.

Repellent taunts and “jokes” about the Holocaust, particularly among adolescents, are certainly nothing new. The board was dealing with such incidents even when I was a schoolboy. Similarly, inter-school sports events involving Jewish schools not infrequently feature Nazi salutes and similarly crass behaviour on the part of the opposition and/or their supporters.

Isolated incidents of this nature are probably inevitable, and are generally dealt with by the schools themselves, without bringing in outside parties. What has altered the situation greatly is the advent of social media. In the past, it was possible to contain the negative impact of anti-Semitic behaviour, since usually, the number of people involved was limited. Now, reports of such incidents can very quickly end up resonating throughout our community.

The board believes that wherever possible, educational processes aimed at behavioural change are critical in addressing anti-Semitism and other forms of hate in our country. This is especially true when the perpetrators are still young.

When we are dealing with a 14-year-old boy, one who has admittedly made a shocking error, but is clearly willing to acknowledge his wrongdoing, sincerely apologise for it, and undergo a remedial educational process, it is restorative rather than punitive justice that we seek to achieve. Last year, for example, we were involved in a similar case of Nazi-themed insults, this time from a pupil at an Edenvale school. It led to an arrangement whereby, on an annual basis, Grade 9, 10, and 11 pupils now receive tolerance and sensitivity training through the Johannesburg Holocaust & Genocide Centre.

When confronted with unrepentant and unremorseful anti-Semites, on the other hand, we will spend 10 years or more in court, as we are doing with Bongani Masuku and Tony Ehrenreich. This week, Masuku’s appeal against the Equality Court hate speech judgment against him was heard before five judges in the High Court of Appeal in Bloemfontein.

Our professional staff has assisted the outstanding legal team running the case on behalf of the South African Human Rights Commission, and both the board’s National Director, Wendy Kahn, and Associate Director, David Saks, attended the hearing.

   •         Listen to Charisse Zeifert on Jewish Board Talk, 101.9 ChaiFM, every Friday 12:00-13:00