KATHRADA FOUNDATION IN EQUALITY COURT APPLICATION AGAINST MAZIBUYE AFRICAN FORUM

The Ahmed Kathrada Foundation has supported an Equality Court application by the South African Human Rights Commission (SAHRC) against the Mazibuye African Forum and two of its members.

The Foundation is a second applicant in the hate speech case against the KwaZulu-Natal group, known for its anti-Indian stance. The third applicant is candidate attorney, Kirith Haria.

The application was recently lodged at the Durban Magistrate's Court. Mazibuye African Forum, and two of its members, Zweli Sangweni and Phumlani Mfeka, has until 13 October to respond to the hate speech allegations levelled against it by the SAHRC.

Explaining the Foundation's stance on the matter, Director Neeshan Balton, said, "The Mazibuye African Forum has consistently expressed views on race relations that borders on inflammatory remarks against South Africans, particularly the Indian community. Its stance has the potential to ignite racial strife and goes against the grain of the ideal of a non-racial and democratic society."

"Hate speech from any quarter must be confronted and challenged as it poses a risk to nation-building and democracy," added Balton.

He said that race and equality are complex matters in our society, which was racially divided in the past. "Solutions to these cannot be found in the articulation of racial statements or songs that further divide people and undermine social cohesion."

Balton clarified that the Kathrada Foundation has no objection to free and open debate around affirmation action and employment equity policies, but it would not tolerate forms of hate speech and racial propaganda.

"Together with the SA Human Rights Commission, we believe that the Equality Court is an appropriate platform to raise our concerns and where a finding can be made on the matter."

In Court papers the applicants claim that the Mazibuye Forum:  

Casts the South Africa Indian community as being exploitive and being responsible for the poor economic conditions of Africans;

Uses emotive language in racist attacks on South African Indians;

Believes that the South African Indian community does not belong in South Africa and are deemed to belong to another country, irrespective of the fact that most Indians are born and live in South Africa;

Makes use of threats of violence and revenge against the Indian community;

Used generalisations and distortions of the truth to ferment an anti-Indian sentiment; and,

Makes such statements that are repetitive and ongoing and appeals directly to the racial prejudice of people to whom they are directed.

The applicants have called on the Equality Court to:

Declare that the respondents are guilty in hate speech against the South African Indian community;

Instruct the respondents to issue an unequivocal apology for the harm that their expressions has caused and could have caused;

Interdict the Forum from engaging in hate speech in future; and,

that the respondents be directed to pay the amount of R50 000 as damages for engaging in hate speech against the South African Indian community, which should be donated to the Ingwavuma Orphan Centre.

Balton was emphatic that hate speech directed against fellow South Africans undermines the core values of our Constitution and weakens the drive to build a non-racial society.

Statement issued by Zaakirah Vadi, communications officer for the Ahmed Kathrada Foundation, October 10 2014

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