“Victory” as Bongani Masuku says sorry

Bongani Masuku, who was found guilty of hate speech by the Constitutional Court last month, has finally apologised to the Jewish community after many years of refusing to do so.

“I’m delighted with this outcome,” said Wendy Kahn, the national director of the South African Jewish Board of Deputies (SAJBD).

“The SAJBD is committed to addressing antisemitism whenever it arises to ensure that South Africa continues to have low rates of antisemitism. We will do this irrespective of who the offending party is, whatever their political motive is, or how long it takes to get a result. Antisemitism and all forms of hate have no place in South Africa.”

It brings to a close a seemingly never-ending legal saga, which began 13 years ago.

A Constitutional Court judgment confirmed on Wednesday, 16 February, that Masuku, the former Congress of South African Trade Unions (Cosatu) international relations secretary, must apologise for offensive and inflammatory remarks he made against the Jewish community in 2009 following violence on the Gaza border.

On 6 February 2009, Masuku stated on the website supernatural.blogs.com:

“Bongani says hi to you all 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 doo all that (sic) is needed to subject them to perpetual suffering until they withdraw from the land of others and stop their savage attacks on human dignity.”

The Constitutional Court found this to be in contravention of Section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000.

In welcoming the judgment, the SAJBD said it respected the conclusion of the Constitutional Court that three other impugned statements by Masuku, while “inflammatory” and “seditious”, would on the balance of probability not be considered by a reasonable person to be aimed at Jews specifically, but rather at Israel and those who supported it.

In terms of the judgment handed down by the Constitutional Court, Masuku and Cosatu were required to apologise for the statement that the court ruled to be hate speech against the Jewish community. The apology was received on 23 February.

His apology read: “Mr Masuku and Cosatu hereby tender their unconditional apology to the Jewish community and regret the harm caused.”

The SAJBD has welcomed this apology.

“We are pleased that the courts have affirmed that there’s no place for statements that are harmful, that incite harm, and propagate hatred in our constitutional democracy,” it said this week.

“This brings to a close a long-running dispute involving many years of litigation between the parties. We hope that henceforth, our two organisations, even when we disagree, will always engage with one other in a spirit of tolerance and mutual respect.”

Antisemitism expert Milton Shain, emeritus professor of historical studies at the University of Cape Town, said it was “an important victory for the Board in the fight for Jewish dignity and a victory for those seeking limitations on speech. The effort has been more than worthwhile. Indeed, the Constitutional Court has set a benchmark. On the other hand, the judgment allows anti-Zionists to insist that criticising Zionism now has a hechsher from the Constitutional Court. The reality is that Zionism has never been above criticism. It’s the fantasy and hate that informs much anti-Zionist discourse that offends. Anyone reading Masuku’s outrageous and hateful utterings will agree.”