The right to freedom of expression in South Africa is being blatantly abused
Statement by DANIEL BLOCH, Executive Director, Cape South African Jewish Board of Deputies
The Cape South African Jewish Board of Deputies is taking legal action against several individuals through the Equality Court. We believe in our Constitution and the Equality Act, both of which protect all South Africans from hate speech which infringes the dignity of certain persons or groups.
We have seen an unprecedented rise in antisemitism in South Africa. We must uphold and respect the anti-discrimination law that prohibits unfair discrimination by government, private organisations or individuals in SA. The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 explicitly forbids hate speech and harassment. Chapter 2 of the Bill of Rights clearly states that freedom of expression is a right as long as it not used for advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.
Certain individuals have made vicious attacks on the Jewish community. Jews have become the victims of intimidation, bullying, doxxing, and incitement to violence.
These individuals have launched a tirade of vicious hate speech both online, during protests, and in person. Comments include support and adoration for Hitler and Nazis, attacks on the validity of the Holocaust, and Jewish conspiracy theories. Threats of violence have been made against Jewish people and institutions, including places of worship and schools.
The Jewish community has played a significant role in the growth of South Africa for decades – whether in business, education, medicine, law, the arts, science/technology, community upliftment, politics etc. We remain both vested and invested in South Africa. Whilst we may be a minority group, like all South Africans, we should not be subjected to unfair discrimination, intimidation, hate speech, harassment, and threats of violence.
This is a universal issue that, if left unchallenged, is a threat to the constitutional and democratic rights and freedoms of all South Africans. We therefore call on all law-abiding, moral human beings to condemn these degrading and dehumanising attacks on our community. We ask our government to protect all its citizens from this hurtful and harmful hate speech which has no place in our democracy.
UPDATE
At this stage, papers have been served on two Capetonians, both of whom have made use of various social media platforms to communicate messages of alleged hate against Jewish people and against Zionists. Among other examples of purported hate speech, Mehmet Vefa Dag has made statements such as, “Jews have been trying to take over the world for thousands of years.”, “One hundred thousand Jews control the entire economy of South Africa. This is not justice.” and “Jews have ruined South Africa.” Papers have also been served on a well-known chef, Mariam Jakoet-Harris, who has called for a boycott of various businesses because they are owned by Jews, stating, “We boycott because the only language they understand is money. They are driven by GREED.”
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