By Lehlohonolo Lehana.
The SA Human Rights Commission has found that EFF leader Julius Malema’s speech and some of the posters/banners displayed at the party’s Provincial People’s Assembly in the Western Cape last month “collectively, constitute incitement of violence and hate speech.
The SAHRC said it has received various complaints against the firebrand Malema for his sentiments including posters and banners displayed by the EFF at the gathering on 16 October.
“The Commission is of the view that certain parts of Malema’s speech and some of the posters/banners displayed at the event as set out above prima facie, individually and collectively, constitute incitement of violence, hate speech and possibly other transgressions.
“If they (Malema and EFF) do not, within ten days hereof, appropriately retract and apologise for the prima facie unlawful statements in question and give appropriate undertakings to desist from further promotion of hatred and violence on any ground, the Commission will proceed to the Equality Court for appropriate interim interdictory relief,” it said.
The EFF has since rejected the findings and argued that the party and Malema were never invited to make representations for themselves.
“It must be noted that the Human Rights Commission concluded their investigation and reached findings that we must either retract or apologise within 10-days without affording the EFF an opportunity to present its side of the story.
Laws of natural justice demand that institutions like the Commission must hear both sides before making a determination. We will therefore not meet the 10-day deadline of the Commission or apologise until we are listened to by a neutral body,” the EFF said.
The party claims Malema’s statements were taken out of context, and referred to the works of among others Franz Fanon to defend some of the statements.