THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION AND MALEMA
On 10 March 2010 the Afrikanerbond lodged a first complaint with the South African Human Rights Commission after the media reported about the "dubulu iBhunu" - "Shoot the Boer" statements by Mr Julius Malema, president of the African National Congress Youth League (ANCYL) as made on Tuesday, March 9, 2010 at the University of Johannesburg Doornfontein campus.
According to various media reports, Mr Malema again repeated this song at a public meeting in Mafikeng on 22 March 2010. This was followed by a very racist attack on white journalists. Consequently, the Afrikanerbond again lodged a complaint with the SAHRC on 23 March 2011.
On 13 April 2010 the Afrikanerbond lodged a third complaint after Mr Malema's tirade against the BBC correspondent, Mr. Jonas Fisher and the media at Luthuli House on 8 April 2010.
All of the above complaints related to hate speech and incitement. On May 27, 2010 the Afrikanerbond was advised by the South African Human Rights Commission that Mr Malema was asked to respond to the complaint. The Afrikanerbond thereafter has repeatedly asked the Human Rights Commission about the complaint and the long delay without any ruling. The Human Rights Commission has confirmed that Mr Malema, despite several requests by the Human Rights Commission, failed to respond.
On 8 September 2010 the Afrikanerbond enquired again and was informed on 17 September 2010 that the SAHRC would in the next week have, "A high internal strategy meeting" to determine the next step.
After further inquiries by the Afrikanerbond a letter dated 11 November 2010 was received indicating that the HRC has decided on a public hearing on the matter. A date would be communicated in due course. In February 2011, the Afrikanerbond again enquired about the hearing with no response. Suddenly on 12 May 2011, the Afrikanerbond was informed of a public hearing on 25 and 26 May 2011 and that the defendant, Mr Julius Malema has been subpoenaed to appear. (Take note of the ruling of 15 May by the South Gauteng High Court)
After the Afrikanerbond enquired on Friday 20 May 2011 about the format of the hearing we were informed that the public hearing have suddenly been postponed to a later date.
The course of this process regarding the complaint and the sudden postponement of the public hearing compels the Afrikanerbond to make the following observation on the South African Human Rights Commission:
- The SAHRC was caught off guard by the ruling of 15 May 2011 by Acting Judge Leon Halgryn in the South Gauteng High Court in which the ANC's appeal on the singing of the song was rejected.
- The SAHRC has allowed itself to be led by the nose by Mr Malema and his legal team for more than a year;
- The SAHRC is only too willing to be politically expedient;
- The SAHRC is only too willing to sacrifice human rights when it suit high profile political individuals.
After more than a year since the first complaint was lodged, the South African Human Rights Commission has now, beyond any doubt, proven that this constitutional institution is simply unable to adhere to its constitutional duties and to enforce human rights. The perception that this constitutional institution has become a political tool has now become evident with the very genial and affable treatment afforded to Mr Malema and the ANC, thereby failing its constitutional duty.
If the South African Human Rights Commission made a ruling with the required urgency after the first complaint was lodged on 10 March 2010, (more than 500 complaints have since been submitted by various individuals and institutions) it would in all probability not have been necessary for other institutions to approach the courts to rule on this matter.
In other cases, the South African Human Rights Commission was quick to rule where human rights have been violated, but when it is too politically risky, certain individuals can manipulate the Human Rights Commission and is the SAHRC only too willing to play along. The long delay in the ruling of the Free State toilet saga as opposed to the ruling in the Western Cape is another example.
Increasingly it appears as if the Human Rights Commission is considering the rights of some individuals and parties above the rights of others. The implementation and monitoring of human rights have now become a political football.
Statement issued by Jan Bosman, Chief Secretary of the Afrikanerbond, May 22 2011
Click here to sign up to receive our free daily headline email newsletter
