Statement by Bongani Masuku of COSATU

In a questionable decision in response to a complaint lodged by the South African Jewish Board of Deputies (SAJBD), the South African Human Rights Commission accused Bongani Masuku of COSATU(Congress of South African Trade Unions) of having made 'numerous anti-semitic remarks which were seen to have incited violence and hatred amongst the students who were present' at a rally held by the Palestinian Solidarity Committee at the Wits University campus on 5 March 2009. As evidence the Commission cites 6 statements, all of which appear to be directed clearly at supporters of Israel and racism rather than Jews in general.

These are the examples the SAHRC cites:

“COSATU has got members here even on this campus; we can make sure that for that side it will be hell”

“COSATU is with you, we will do everything to make sure that whether its at Wits University, whether its at Orange Grove, anyone who does not support equality and dignity, who does not support the rights of other people must face the consequences even if it means that we will do something that may necessarily cause what is regarded as harm…”

“…The following things are going to apply: any South African family who sends its son or daughter to be part of the Israeli Defence Force must not blame us if something happens to them with immediate effect…”

The SAHRC then cites this examples from the internet:

“…as we struggle to liberate Palestine from the racists, fascists and Zionists who belong to the era of their Friend Hitler! We must not apologise, every Zionist must be made to drink the bitter medicine they are feeding our brothers and sisters in Palestine. We must target them, expose them and do all that is needed to subject them to perpetual suffering until they withdraw from the land of others and stop their savage attacks on human dignity…”.

And these from an email sent to the SAJBD:

“… all who have not accepted or woken up to the reality that we now live in a democratic South Africa where racism or promotion of it is a crime, are free to leave the country. I repeat whether Jew or whomsoever does so, must not just be encouraged but forced to leave, for such a crime is so heinous it can’t be tolerated…”.

And from another sent to multiple recipients on the 13 February 2009:

“…all those who deny that occupation is wrong must be encouraged to leave South Africa before they infect our society with much more racism…”

The document then notes: Mr. Masuku, in response to a letter from the South African Human Rights Commission dated 11 May 2009 outlining the allegations made by the SAJBD denied that his remarks were tantamount to hate speech and stated that the “constant cry of ‘hate speech’ from the South African Jewish Board of Deputies against criticisms of Israel has become extremely tiresome, wasteful of resources, and is trivialising the serious charge of “hate speech””.

Since it is not clear from these statements how the SAHRC could reach its verdict, it explains its reasoning thus:

Mr Masuku in his response to the allegations put to him by the South African Human Rights Commission, states that he was heckled by what he refers to “as a particular section of the audience – most of whom seemed to be members of the South African Union of Jewish Students”. This statement leave [sic] little doubt that the references made by him referred to Jews.

COSATU and the PSC challenged SAHRC's ruling noting that Masuku's statements were clearly directed at supporters of Israel, Jewish or otherwise. He is addressing their political position, not their ethnicity.

...none of his comments can be regarded as hate speech in terms of the South African Constitution. Furthermore, his comments, in the main, referred to South Africans who supported the illegal Israeli military occupation – irrespective of their religious or ethnic backgrounds.

These comments were certainly a trenchant critique of Israel and its apologists and supporters in South Africa, but were not directed at the Jewish community or any other ethnic group.