DEPUTY PRESIDENT REPORTED TO THE HUMAN RIGHTS COMMISSION

The Deputy President, Mr Kgalema Motlanthe, has been reported to the Human Rights Commission after his statement that many farm attacks are the results of disenchanted workers who were not paid by farmers and who were arrested after the farmers reported them to the law enforcement agencies prior to being paid.

The president of TAU SA, Mr Ben Marais, said that the deputy presidents' statement was not based on facts and that it creates a climate for increased attacks on farmers, their families and their employees. The data base available to TAU SA indicates that attackers are seldom known to the victims and that the latter are being attacked by unknown strangers.

The charge made by TAU SA is as follows:

SUBMISSION TO THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION:

HATE SPEECH BY THE DEPUTY PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA

INTRODUCTION

The media quoted the Deputy President of the Republic of South Africa, Mr Kgalema Motlanthe on 27 - 30 November 2009 as follows:

"Some of the most brutal farm murders are committed by foreign nationals, who were brutally exploited and made to toil without any remuneration. The day when they demand remuneration, they are reported (by farmers) to the law enforcement units and are duly arrested and are sent back to their countries of origin.

"Of course, they come back and they go back and commit the most horrendous murders. This is why we need to condemn those who take advantage of foreign nationals in this fashion," he said. (Sibusiso Ngalwa, IOL 30 November 2009)

CHARGE

TAU SA seriously doubts whether the deputy president had any factual proof at his disposal which could form the basis of his accusation. Based on the information in TAU SA's data base (which includes a detailed list of farm attacks and farm murders), no such information reflects the accusation contained in the deputy president's statement

As such, the unfounded accusation affects the vast majority of farmers (if not all) not guilty of malpractice but who may become the victims of senseless violent attack and / or murder.

This complies with the specification and prescription in Sec 184 of the South African Constitution, Act 108 of 1996, dealing with the functions of the South African Human Rights Commission and in particular with Sec 184 (2) (b) and (c).

It remains the belief of TAU SA that the deputy president's statement could incite further violence in retribution for perceived maltreatment of employees, that it advocates hatred of a specific racial and economic group and that it constitutes incitement to do harm. As such it reflects insensitivity and bigotry and consequently implies that farmers are to be despised, scorned, denied respect and made subject to intimidation, ill-treatment and violent crime on the basis of group affiliation.

REQUEST

The Commission is requested to investigate the charge and to make a finding.

Statement issued by TAU SA president, Ben Marais, December 1 2009

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