DA told to take a hike by the SAHRC when it reports hate speech against farmers

18 August 2020

The Democratic Alliance (DA) has, over the past month and a half, referred several social media posts, which seemingly glorify farm murders and attacks, to the South African Human Rights Commission (SAHRC) to investigate them for hate speech. The SAHRC has now responded to the DA, rejecting our complaints outright and indicating that these complaints be referred to the South African Police Services (SAPS).

While the Commission has agreed that the content is unacceptable and unlawful, it claims that it hasn’t the capacity to trace the individuals who post openly on social media.  The Commission also claims that it does not to have jurisdiction over such speech.

The SAHRC’s decision to not investigate these posts and their justifications for not doing so, is a direct contradiction to previous cases it has pursued.

The  Commission had the capacity previously to track and fine persons from widely publicized cases. In fact, the SAHRC has lead numerous cases against hate speech, taking them through the Equality Court to completion.  A criminal case was sometimes run concurrently.

We know of one instance where a person went to jail because, “ this matter involved a personal and direct infringement of the police officer’s dignity.” It would seem, however, that to the SAHRC, racially-fueled posts encouraging South Africans to murder members of a family already prostrate with grief at the murder of their loved one, does not qualify as an infringement on human dignity. These statements are often made directly after attacks and murders on a farming family. Yet somehow the SAHRC doesn’t see this as something they can or want to deal with. The Commission has no inclination to assist the survivors of rape and torture and being forced to watch their loved ones die, when some South Africans cheer the rapists and murderers on.

In another weak justification of its refusal to investigate these hateful posts, the Commission said that in the instances the DA reported, the comments were “made broadly in reference to millions of people on the basis of their race”. However, the SAHRC has taken action in similar cases, such as one where a man filmed himself on holiday using racist language. He was charged and fined for doing so.  There are a number of instances wherein the perpetrator made racist generalisations, and was heavily fined for doing so.

The Commission then admits that it has a wide discretion whether to accept a complaint or represent an individual in the Equality Court. It has chosen not to represent the families of the murder victims who are farmers and farmworkers. “The Commission trusts it has explained its decision herein adequately. For the above reasons, the Commission will not investigate these social media posts and instead recommends that you report these matters to your nearest police station.”

The DA undertook, as part of our 16 action steps in terms of our Rural Security Strategy, to report what we believe to be hate speech, or hate crimes, to relevant authorities for investigation. The SAHRC is the relevant authority and their refusal to investigate is as bad for the survival of our rural communities as is singing songs encouraging South Africans to kill them.

The DA will explore our options to challenge the Commission’s weak excuse to not investigate social media posts glorify farm murders and attacks.

Screenshots can be accessed here, here, here, here, here and here. 

We view these posts as abhorrent and those who post them must be held to account for their vitriolic and hateful utterances. The senseless murder and torture of farming communities need to stop and those who glorify these acts must be punished.

Issued by Dianne Kohler Barnard, DA Shadow Minister of State Security, 18 August 2020