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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)