27 March 2007
Following referral to it by Minister Kasrils, the South African Human Rights
Commission (SAHRC) found that the contents of the articles published in the
Mail and Guardian of 1 September 2006 and in Umrabulo of November 2006 written
by Ronnie Kasrils, the Minister of Intelligence Services; do not amount to hate
speech.
Kasrils' comments were characterised as hate speech by Helen Suzman and the
South African Jewish Report (SAJR) took the position that the majority of its
readers would characterise Kasrils' remarks as hate speech. In a series of
articles, Kasrils robustly criticises what he perceives to be disproportionate,
excessive and unjustified measures adopted by the Israeli Government in
response to attacks, threats and perceived threats. The article details the
disproportionate and excessive nature of the force used and reflects on the
consequences and costs to both Gaza and Lebanon.
The issue which the Commission had to conclude was whether Kasrils'
statements and comments were of an extreme nature and whether they advocated
and implied that Jews or Israelis are to be despised, detested, scorned, denied
respect and made subject to ill-treatment on the basis of their religious or
national affiliation.
In the Commission's opinion, the comments made by Kasrils in the articles
referred to above do not amount to the advocacy of hatred and it is the
Commission's view that the obvious and true purpose of the articles was to
condemn what is perceived as disproportionate, excessive and counter-productive
reprisals by the Israeli government. He was participating in a legitimate
political debate, the Commission found.
Further the Commission is of the view that comment on this issue is not only
legitimate but also vital and necessary and that the articles if reasonably
construed, vigorously criticise the reprisals methods adopted by Israel and
further urges a change in direction in order to achieve peace. It is the very
sort of speech that is protected by section 16 of the Constitution. The real
intention is to engage in a debate on an issue that is topical internationally
and Kasrils makes suggestions on what he considers to be a viable course of
future action.
The Commission therefore encourages those who disagree with Kasrils'
comments and his analysis and conclusions to engage in a dialogue of ideas as
it is not legally competent to classify Kasrils' expression as hate speech. The
Commission's full opinion on this matter is available on the Commission's
website at: http://www.sahrc.org.za and
an abbreviated version was published in the Mail and Guardian of Friday, 16
March 2007.
Enquiries:
L Molepo
Media and Communications Unit South African Human Rights Commission
Tel 011 484 8300
Fax: 011 643 6472
E-mail: lmolepo@sahrc.org.za
Issued by: South African Human Rights Commission
27 March 2007
Source: South African Human Rights Commission (http://www.sahrc.org.za)
