FW DE KLERK FOUNDATION ACCEPTS APOLOGY OF MR KEMO WATERS: A WELCOME PROCESS INVOLVING THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION
The FW de Klerk Foundation welcomes the recommendations by the South African Human Rights Commission (SAHRC) regarding its complaint of hate speech against Mr Kemo Walters.
The complaint was lodged on the 7th of January 2012 after Mr Waters - on the social media network Twitter - tweeted that: "The only way to end racism is to kill a material number of whites @hellenzille your indifferent and patrionizing stance in a double dare."
The Foundation also accepts Mr Waters' following apology:"I, the respondent herein, hereby tender my summary and unequivocal apology to the public, the Commission, the FW de Klerk Foundation, the complainants and the individuals who were adversely affected and/or hurt or offended by the comments made by myself on Twitter in the manner described in this agreement. I accept the recommendations of the Commission herein and undertake from this date onwards to refrain from, by word and deed, conducting myself in a manner associated with hate and speech or racism in the form complained about".
The South African Constitution makes ample room for freedom of expression in section 16(1) of the Bill of Rights, but prohibits advocacy of hatred based on race, ethnicity, gender or religion and that which constitutes incitement to cause harm. It is imperative that all South Africans should bear in mind the constitutional prohibition against hate speech when they are participating in the national debate. It is also important for South Africans to complain about language from any quarter that might incite hatred or violence and to make use of the channels that have been created by the Constitution for this purpose.
The Foundation would also like to commend the SAHRC for the manner in which it dealt with this matter. This process shows that South African citizens who believe that their rights have been violated can obtain redress through the institutions established under Chapter 9 of the Constitution - including the Human Rights Commission.