DOCSLIB.ORG

The Rise of the South African Reich

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

The Rise of the South African Reich http://www.aluka.org/action/showMetadata?doi=10.5555/AL.SFF.DOCUMENT.crp3b10036 Use of the Aluka digital library is subject to Aluka’s Terms and Conditions, available at http://www.aluka.org/page/about/termsConditions.jsp. By using Aluka, you agree that you have read and will abide by the Terms and Conditions. Among other things, the Terms and Conditions provide that the content in the Aluka digital library is only for personal, non-commercial use by authorized users of Aluka in connection with research, scholarship, and education. The content in the Aluka digital library is subject to copyright, with the exception of certain governmental works and very old materials that may be in the public domain under applicable law. Permission must be sought from Aluka and/or the applicable copyright holder in connection with any duplication or distribution of these materials where required by applicable law. Aluka is a not-for-profit initiative dedicated to creating and preserving a digital archive of materials about and from the developing world. For more information about Aluka, please see http://www.aluka.org The Rise of the South African Reich Author/Creator Bunting, Brian; Segal, Ronald Publisher Penguin Books Date 1964 Resource type Books Language English Subject Coverage (spatial) South Africa, Germany Source Northwestern University Libraries, Melville J. Herskovits Library of African Studies, 960.5P398v.12cop.2 Rights By kind permission of Brian P. Bunting. Description "This book is an analysis of the drift towards Fascism of the white government of the South African Republic. It documents the close affinities of thought and action between such men as Malan, Strijdom, Verwoerd, and Vorster and the German Nazi leaders, and traces the contact maintained by the Nationalist Party with Nazis from the 1940s to the 1960s." Format extent 335 pages (length/size) http://www.aluka.org/action/showMetadata?doi=10.5555/AL.SFF.DOCUMENT.crp3b10036 http://www.aluka.org FBOI IND FBOI IND -li PENGUIN AFRICAN LIBRARY API2 Edited by Ronald Segal The Rise of the South African Reich BRIAN BUNTING a 'A BRIAN BUNTING The Rise of the South African Reich Penguin Books I |0 vi. Penguin Books Ltd, Harmondsworth, Middlesex u.s.A.: Penguin Books Inc., 3300 Clipper Mill Road, Baltimore ii, Md AUSTRALIA: Penguin Books Pty Ltd, 762 Whitehorse Road, Mitchan, Victoria First published 1964 Copyright © Brian Bunting, 1964 Made and printed in Great Britain by Cox & Wyman Ltd, London, Fakenham and Reading Set in Monotype Plantin This book is sold subject to the condition that it shall not, by way of trade, be lent, re-sold, hired out, or otherwise disposed of without the publisher's consent, in any form of binding or cover other than that in which it is published I- Contents Acknowledgements 6 Map 8 Editorial Foreword 9 i The Birth of the Nationalist Party 13 2 The First Nationalist Government 34 3TheBroederbond 47 4 Followers of Hitler 54 5 In the Shadow of War 69 6 Armed Struggle 80 7 The Draft Constitution 94 8 Making Power Secure 120 9 South Africa's Nuremberg Laws 142 iO Eliminating all Opposition 16o ii Indoctrinating the Young 193 12 The Control of Ideas 223 13 Taming the Trade Unions 252 14TheConquestofEconomicPower 279 15IronandBlood 295 16TheRot 317 Index 327 ., I ) '~ Acknowledgements I would like to express my thanks to the many men and women in South Africa who helped me in the preparation of this book. In consequence of the situation which prevails in my unhappy country at the present time, I am unable to mention their names for fear that they may be victimized, but I would like them to know that their assistance has been most deeply appreciated and is hereby gratefully acknowledged. This book is dedicated to all those in South Africa who are : fighting against enormous odds to free their country from unendurable tyranny. Long terms of imprisonment and even the death penalty face opponents of the Nationalist government who fall foul of their oppressive laws. It is my hope that this book may help to mobilize public opinion in support of the growing international campaign to end the most vicious regime the world has known since the death of Hitler. BRIAN BUNTING .j&LAO /d A 'The history of the Afrikaner reveals a determination and a definiteness of purpose which make one feel that Afrikanerdom is not the work of man but a creation of God. We have a Divine right to be Afrikaners. Our history is the highest work of art of the Architect of the centuries.' Dr D. F. Malan 'It was the Aryan alone who founded a superior type of humanity; therefore he represents the archetype of what we understand by the term: MAN .... It was not by mere chance that the first forms of civilization arose there where the Aryan came into contact with inferior races, subjugated them and forced them to obey his command.' Adolf Hitler in Mein Kampf Editorial Foreword Until recently South Africa was still hesitating at the frontier of terror. One civil liberty after the other had been ceremoniously killed, but a few legal safeguards survived to protect at least those citizens who were aware of them against persistent outrage. Africans were banished for years to desolate stretches of the country, and the more vigorous opponents of government policy, White as well as black banned from all gatherings, restricted to their magisterial districts, placed under house arrest, and prevented from communicating their views in speech or print. Yet, by comparison with consummate terrors like the German Third Reich, South Africa remained a mere approach. Africans, Indians, and Coloured were frequently beaten up in police cells, but the process was disliked, in the main, by authority, and policemen were occasionally prosecuted for assault. Those who were arrested and held by the police unduly could be released by a habeas corpus application, or at least charged and brought to trial in open court. Citizens were detained without charge or trial nevertheless, but only during a State of Emergency, a claim by the government of exceptional circumstances. Then, with the General Law Amendment Act of May 1963, South Africa finally crossed the frontier of terror. The new law empowered the Minister of Justice to detain anyone he pleased, without charge or trial, for indefinitely recurring periods of ninety days, and to extend, till death if he so chose, the imprisonment of those who had already served their sentences. The new law - and this was its obvious intention - has outlawed law itself. For what meaning is left to legal procedure if, after trial and deliberate sentencing, a prisoner can be kept in gaol long after the set date 9 i-i-zI~-* EDITORIAL FOREWORD of his release? And what purpose can there be to a trial at all, if the Minister can simply ignore acquittal and imprison the accused from the court-room to the grave? There is now no longer in South Africa any legal protection against the Minister of Justice; he may imprison whom he pleases for as long as he likes. Nor is this all. Those detained - and no one but the Minister need know who or how many they are - are kept in solitary confinement, with no visitors allowed except a magistrate, a carefully selected government employee, once a week. They are permitted no writing material and no books but the Bible - most African detainees have been denied even that - and are under the complete jurisdiction of the political police. Prisoners are shifted suddenly from one city to another, so that their relatives may be ignorant of their whereabouts and the circumstances of their custody concealed. Perhaps no recent report to have come from voluntary welfare workers in South Africa is more horrible than that of police throwing the clothes of African detainees upon the pavement, laughing while the relatives scramble to sort out the pieces, and speculating aloud to each other on who among the detainees is likely to hang. Increasingly the police want to feel - and display - their power. One African detainee from Cape Town, Looksmart Solwandle Ngadle, is officially alleged to have committed suicide by hanging himself in his cell at a Pretoria gaol. Persistent rumour, however, suggests a different death, and notes smuggled out of gaol by detainees tell of constant assaults by the police, interrupted only by interrogation. An Indian, Ebrahim Siyanvala, was released from detention and then, on his way home, arrested for a minor traffic offence. He escaped from the police station, and two days later his body was found in a nearby river. Several confirmed cases of torture, including the use of electricity, together with reports of cells painted black and of lights left burning day and night, suggest why there has been at least one detainee who has found further police custody unendurable. More and more accused appear in South African courts with the marks of physical violence still upon them. The police, it seems, are not only brutal, they are carelessly so. And why should they not be careless? They have become the law. I0 r . EDITORIAL FOREWORD Brian Bunting has studied the rise of the South African Reich, and events since he completed his study have confirmed its title. The South African Reich is no longer a possibility, it exists. Hundreds of thousands of White South Africans doubtless do not know what is happening in the police cells a mile or two from their homes, as hundreds of thousands of the very best Germans thought that the concentration camps were merely manufacturing soap. And if they do know? Millions of them, White as well as black, are afraid - the blacks of the Whites, though their fear only excites their resistance; the Whites of the blacks, of the world beyond, of each other and of themselves, though their fear only furthers their dedication to violence.
Recommended publications
  • Constitutional Authority and Its Limitations: the Politics of Sexuality in South Africa

    Constitutional Authority and Its Limitations: the Politics of Sexuality in South Africa

    South Africa Constitutional Authority and its Limitations: The Politics of Sexuality in South Africa Belinda Beresford Helen Schneider Robert Sember Vagner Almeida “While the newly enfranchised have much to gain by supporting their government, they also have much to lose.” Adebe Zegeye (2001) A history of the future: Constitutional rights South Africa’s Constitutional Court is housed in an architecturally innovative complex on Constitution Hill, a 100-acre site in central Johannesburg. The site is adjacent to Hillbrow, a neighborhood of high-rise apartment buildings into which are crowded thousands of mi- grants from across the country and the continent. This is one of the country’s most densely populated, cosmopolitan and severely blighted urban areas. From its position atop Constitu- tion Hill, the Court offers views of Hillbrow’s high-rises and the distant northern suburbs where the established white elite and increasing numbers of newly affluent non-white South Africans live. Thus, while the light-filled, colorful and contemporary Constitutional Court buildings reflect the progressive and optimistic vision of post-apartheid South Africa the lo- cation is a reminder of the deeply entrenched inequalities that continue to define the rights of the majority of people in the country and the continent. CONSTITUTIONAL AUTHORITY AND ITS LIMITATIONS: THE POLITICS OF SEXUALITY IN SOUTH AFRICA 197 From the late 1800s to 1983 Constitution Hill was the location of Johannesburg’s central prison, the remains of which now lie in the shadow of the new court buildings. Former prison buildings include a fort built by the Boers (descendents of Dutch settlers) in the late 1800s to defend themselves against the thousands of men and women who arrived following the discovery of the area’s expansive gold deposits.
  • The Quest for Liberation in South Africa: Contending Visions and Civil Strife, Diaspora and Transition to an Emerging Democracy

    The Quest for Liberation in South Africa: Contending Visions and Civil Strife, Diaspora and Transition to an Emerging Democracy

    Scientia Militaria, South African Journal of Military Studies, Vol 30, Nr 2, 2000. http://scientiamilitaria.journals.ac.za The Quest for Liberation in South Africa: Contending Visions and Civil Strife, Diaspora and Transition to an Emerging Democracy Ian Liebenberg Introduction: Purpose of this contribution To write an inclusive history of liberation and transition to democracy in South Africa is almost impossible. To do so in the course of one paper is even more demanding, if not daunting. Not only does "the liberation struggle" in South Africa in its broadest sense span more than a century. It also saw the coming and going of movements, the merging and evolving of others and a series of principled and/or pragmatic pacts in the process. The author is attempting here to provide a rather descriptive (and as far as possible, chronological) look at and rudimentary outline to the main organisational levels of liberation in South Africa since roughly the 1870' s. I will draw on my own 2 work in the field lover the past fifteen years as well as other sources • A wide variety of sources and personal experiences inform this contribution, even if they are not mentioned here. Also needless to say, one's own subjectivities may arise - even if an attempt is made towards intersubjecti vity. This article is an attempt to outline and describe the organisations (and where applicable personalities) in an inclusive and descriptive research approach in See Liebenberg (1990), ldeologie in Konjlik, Emmerentia: Taurus Uitgewers; Liebenberg & Van der Merwe (1991), Die Wordingsgeskiedenis van Apartheid, Joernaal vir Eietydse Geskiedenis, vol 16(2): 1-24; Liebenberg (1994), Resistance by the SANNC and the ANC, 1912 - 1960, in Liebenberg et al (Eds.) The Long March: The Story of the Struggle for Liberation in South Africa.
  • The Black Sash

    The Black Sash

    THE BLACK SASH THE BLACK SASH MINUTES OF THE NATIONAL CONFERENCE 1990 CONTENTS: Minutes Appendix Appendix 4. Appendix A - Register B - Resolutions, Statements and Proposals C - Miscellaneous issued by the National Executive 5 Long Street Mowbray 7700 MINUTES OF THE BLACK SASH NATIONAL CONFERENCE 1990 - GRAHAMSTOWN SESSION 1: FRIDAY 2 MARCH 1990 14:00 - 16:00 (ROSEMARY VAN WYK SMITH IN THE CHAIR) I. The National President, Mary Burton, welcomed everyone present. 1.2 The Dedication was read by Val Letcher of Albany 1.3 Rosemary van wyk Smith, a National Vice President, took the chair and called upon the conference to observe a minute's silence in memory of all those who have died in police custody and in detention. She also asked the conference to remember Moira Henderson and Netty Davidoff, who were among the first members of the Black Sash and who had both died during 1989. 1.4 Rosemary van wyk Smith welcomed everyone to Grahamstown and expressed the conference's regrets that Ann Colvin and Jillian Nicholson were unable to be present because of illness and that Audrey Coleman was unable to come. All members of conference were asked to introduce themselves and a roll call was held. (See Appendix A - Register for attendance list.) 1.5 Messages had been received from Errol Moorcroft, Jean Sinclair, Ann Burroughs and Zilla Herries-Baird. Messages of greetings were sent to Jean Sinclair, Ray and Jack Simons who would be returning to Cape Town from exile that weekend. A message of support to the family of Anton Lubowski was approved for dispatch in the light of the allegations of the Minister of Defence made under the shelter of parliamentary privilege.
  • DISSERTATION O Attribution

    DISSERTATION O Attribution

    COPYRIGHT AND CITATION CONSIDERATIONS FOR THIS THESIS/ DISSERTATION o Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use. o NonCommercial — You may not use the material for commercial purposes. o ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original. How to cite this thesis Surname, Initial(s). (2012) Title of the thesis or dissertation. PhD. (Chemistry)/ M.Sc. (Physics)/ M.A. (Philosophy)/M.Com. (Finance) etc. [Unpublished]: University of Johannesburg. Retrieved from: https://ujcontent.uj.ac.za/vital/access/manager/Index?site_name=Research%20Output (Accessed: Date). The design of a vehicular traffic flow prediction model for Gauteng freeways using ensemble learning by TEBOGO EMMA MAKABA A dissertation submitted in fulfilment for the Degree of Magister Commercii in Information Technology Management Faculty of Management UNIVERSITY OF JOHANNESBURG Supervisor: Dr B.N Gatsheni 2016 DECLARATION I certify that the dissertation submitted by me for the degree Master’s of Commerce (Information Technology Management) at the University of Johannesburg is my independent work and has not been submitted by me for a degree at another university. TEBOGO EMMA MAKABA i ACKNOWLEDGEMENTS I hereby wish to express my gratitude to the following individuals who enabled this document to be successfully and timeously completed: Firstly, GOD Supervisor, Dr BN Gatsheni Mikros Traffic Monitoring(Pty) Ltd (MTM) for providing me with the traffic flow data My family and friends Prof M Pillay and Ms N Eland Faculty of Management for funding me with the NRF Supervisor linked bursary ii DEDICATION This dissertation is dedicated to everyone who supported me during the project, from the start till the end.
  • 200 1. Voortrekkers Were Groups of Nineteenth- Century Afrikaners Who

    200 1. Voortrekkers Were Groups of Nineteenth- Century Afrikaners Who

    Notes 1. Voortrekkers were groups of nineteenth- century Afrikaners who migrated north from the Cape colony into the South African interior to escape British rule. 2. ‘Township’ is the name given by colonial and later apartheid authorities to underdeveloped, badly resourced urban living areas, usually on the outskirts of white towns and cities, which were set aside for the black workforce. 3. See, for example, Liz Gunner on Zulu radio drama since 1941 (2000), David Coplan on township music and theatre (1985) and Isabel Hofmeyr on the long- established Afrikaans magazine Huisgenoot (1987). 4. In 1984 the NP launched what it called a ‘tricameral’ parliament, a flawed and divisive attempt at reforming the political system. After a referendum among white voters it gave limited political representation to people classi- fied as coloured and Indian, although black South Africans remained com- pletely excluded. Opposition to the system came from both the left and right and voting rates among non- whites remained extremely low, in a show of disapproval of what many viewed as puppet MPs. 5. The State of Emergency was declared in 1985 in 36 magisterial districts. It was extended across the whole country in 1986 and given an extra year to run in 1989. New measures brought in included the notorious 90- day law, in which suspects could be held without trial for 90 days, after which many were released and then re- arrested as they left the prison. 6. According to André Brink, ‘The widespread notion of “traditional Afrikaner unity” is based on a false reading of history: strife and division within Afrikanerdom has been much more in evidence than unity during the first three centuries of white South African history’ (1983, 17).
  • Afrikanerbond

    Afrikanerbond

    AFRIKANERBOND AFRIKANERJEUGVERSLAG Junie 2008 AFRIKANERJEUGVERSLAG INHOUDSOPGAWE AFRIKANERJEUGVERSLAG ...................................................................................................1 INHOUDSOPGAWE............................................................................................................... i AFRIKANERJEUGVERSLAG ...........................................................................................1 1 AGTERGROND ..............................................................................................................1 2 NAVORSINGSMETODOLOGIESE ASPEKTE VAN DIE VERSLAE...........................3 3 BEPERKINGE.................................................................................................................4 4 KONTEKSTUALISERING .............................................................................................5 4.1 Omskrywing van jeug...............................................................................................5 4.2 Populêre jeugkultuur.................................................................................................7 4.3 Afrikaans en jeugkultuur...........................................................................................9 4.4 Die samelewingskonteks van die Afrikanerjeug......................................................10 4.5 Samevatting............................................................................................................11 5 BEVINDINGE...............................................................................................................12
  • South Africa

    South Africa

    <*x>&&<>Q&$>ee$>Q4><><>&&i<>4><><i^^ South Africa UNION OF SOUTH AFRICA HE political tension of the previous three years in the Union of South TAfrica (see articles on South Africa in the AMERICAN JEWISH YEAR BOOK, Vols. 51, 52 and 53) broke, during the period under review, into a major constitutional crisis. A struggle began between the legislature and the judi- ciary over the "entrenched clauses" of the South Africa Act, which estab- lished the Union, and over the validity of a law passed last year by Daniel Francois Malan's Nationalist Government to restrict the franchise of "Col- ored" voters in Cape Province in contravention of these provisions. Simul- taneously, non-European (nonwhite) representative bodies started a passive resistance campaign against racially discriminatory legislation enacted by the present and previous South African governments. Resulting unsettled condi- tions in the country combined with world-wide economic trends to produce signs of economic contraction in the Union. The developing political and racial crisis brought foreign correspondents to report at first hand upon conditions in South Africa. Not all their reports were objective: some were characterized by exaggeration and distortion, and some by incorrect data. This applied particularly to charges of Nationalist anti-Semitism made in some reports. E. J. Horwitz, chairman of the South African Jewish Board of Deputies (central representative body of South Afri- can Jewry) in an interview published in Die Transvaler of May 16, 1952, specifically refuted as "devoid of all truth" allegations of such anti-Semitism, made on May 5, 1952, in the American news magazine Time.
  • Trouble Flares up at Mabieskraal

    Trouble Flares up at Mabieskraal

    , 8 .~ · le bv si b k ' d" I£tl1l1l1ll1l1l1l1ll1l"""III1I1I11I11I11 I1 " II " II I1I1 I11 I1 " ~l l11 l1 m lll IIIIII III Bantustan IS rue Y slam 0 In Isgulse ... 1• ••• •• ••• 1 Congress reiects the concept of national homes § for Africans ...We claim the whole of South Africa as our home Vol. 5, No, 51 Registered. at the G.P.O. as a Newspaper 6di= _ SOUTHERNEDITION Thursday, October 8, 1959 • 5 ~1I"1II"III11I1I11I11I1I11I11I1 I1I11" nllllll lllllll lll ll ll ll ll ll ll ll lll l lll lll lll lll ll ll ll lll lll lll ll lllll ll ll ll ll lll ll l1 1I 111 11111 11 ~ oWHAT KH USCHOV TOLD THE U.S.A. The verbatim record no other news­ Slap In The Face For E~ic Louw paper in South Africa has printed JOHANNESBURG as their home", Iin South Africa during the last two B~~~~~ aF~:~naft~i~1~~~ whT: ~[r~~e s~b~ftt~J~~~f~:~~~ ye~~~l i n g ~ith so-called Ban.tusta!1s ~r. Eric Louw had mad.e ,bis ~:~~ r:, i ~ s ~~o ~i v~f t~~e A9ri~~~a~i~~: ~o~~r~~~~~l s ~:dt e~~ ~ h~ f ~h~ o~~~I~ ~ .- Pages 4 and 5 big speech to U.N: D., claiming point on trends and developments Continued 011 page 7 that the Bantu territories would 1 -------------------- I(!1:~~~~~~~~~~~~~~~~~~ eventually form part of a South African Commonwealth toge­ ther with White South Africa, the African National Congress has sent a memorandum to ~;:t~' :he:~ri~i::tu~~~n ~~~~:; as a gigantic fraud.
  • History 1886

    History 1886

    How many bones must you bury before you can call yourself an African? Updated December 2009 A South African Diary: Contested Identity, My Family - Our Story Part D: 1886 - 1909 Compiled by: Dr. Anthony Turton [email protected] Caution in the use and interpretation of these data This document consists of events data presented in chronological order. It is designed to give the reader an insight into the complex drivers at work over time, by showing how many events were occurring simultaneously. It is also designed to guide future research by serious scholars, who would verify all data independently as a matter of sound scholarship and never accept this as being valid in its own right. Read together, they indicate a trend, whereas read in isolation, they become sterile facts devoid of much meaning. Given that they are “facts”, their origin is generally not cited, as a fact belongs to nobody. On occasion where an interpretation is made, then the commentator’s name is cited as appropriate. Where similar information is shown for different dates, it is because some confusion exists on the exact detail of that event, so the reader must use caution when interpreting it, because a “fact” is something over which no alternate interpretation can be given. These events data are considered by the author to be relevant, based on his professional experience as a trained researcher. Own judgement must be used at all times . All users are urged to verify these data independently. The individual selection of data also represents the author’s bias, so the dataset must not be regarded as being complete.
  • Moving Litigation from Dispute Resolution to Conflict Management, Problem Solving and Building Organisation CHAPTER 1

    Moving Litigation from Dispute Resolution to Conflict Management, Problem Solving and Building Organisation CHAPTER 1

    Moving Litigation from Dispute Resolution to Conflict Management, Problem Solving and Building Organisation CHAPTER 1: OVERVIEW OF THESIS ......................................................................... 4 1.1 Introduction ...................................................................................................................... 4 1.2 Legal process literature overview .................................................................................... 8 1.3 Process reform for substantive transformation ............................................................. 14 1.4 Choice ........................................................................................................................... 20 1.5 Overview ....................................................................................................................... 20 CHAPTER 2: BARNARD: WHO’S CONSTITUTION IS IT ANYWAY? ........................... 25 2.1 Introduction ............................................................................................................. 25 2.2 Paradox of predictability ......................................................................................... 27 2.3 Choices inducing unpredictability ........................................................................... 30 2.4 Form and substance .............................................................................................. 32 2.5 Why Barnard? .......................................................................................................
  • 2001 Lecture

    2001 Lecture

    THE JAMES BACKHOUSE LECTURE 2001 RECONCILING OPPOSITES: REFLECTIONS ON PEACEMAKING IN SOUTH AFRICA Hendrik W van der Merwe The James Backhouse Lectures The lectures were instituted by Australia Yearly Meeting of the Religious Society of Friends (Quakers) on the its establishment of that Yearly Meeting in 1964. James Backhouse and his companion, George Washington Walker were English Friends who visited Australia from 1832 to 1838. They travelled widely, but spent most of their time in Tasmania. It was through their visit that Quaker Meetings were first established in Australia. Coming to Australia under a concern for the conditions of convicts, the two men had access to people with authority in the young colonies, and with influence in Britain, both in Parliament and in the social reform movement. In meticulous reports and personal letters, they made practical suggestions and urged legislative action on penal reform, on the rum trade, and on land rights and the treatment of Aborigines. James Backhouse was a general naturalist and a botanist. He made careful observations and published full accounts of what he saw, in addition to encouraging Friends in the colonies and following the deep concern that had brought him to Australia. Australian Friends hope that this series of Lectures will bring fresh insights into the Truth, and speak to the needs and aspirations of Australian Quakerism. This particular lecture was delivered in Melbourne on 8 January 2001, during the annual meeting of the Society. Colin Wendell-Smith Presiding Clerk Australia Yearly Meeting © Copyright 2001 by the Religious Society of Friends (Quakers) in Australia Incorporated.
  • Afri-Forum and Another V Malema and Another

    Afri-Forum and Another V Malema and Another

    Afri­Forum and Another v Malema and Another (Vereniging van Regslui vir Afrikaans as Amicus Curiae) 2011 (12) BCLR 1289 (EqC) Division: Equality Court, Johannesburg Date: 12/09/2011 Case No: 20968/2010 Before: CG Lamont Judge Expression and speech – section 16 of the Constitution – categories of constitutionally unprotected expression enumerated in section 16(2) of the Constitution – hate speech – liberation song “Dubula ibhunu” (Shoot the boer) – lyrics of song held to constitute hate speech – respondents interdicted from singing the song at any public or private meeting held by or conducted by them. Editor’s Summary The transition to a new constitutional dispensation necessitated that mechanisms be put in place to overcome reluctance to change and to deal with conduct regarded as inappropriate in the new society. The Constitution recognised this need. Legislation was enacted to provide the framework necessary to alleviate and overcome the friction resulting from change. It seeks to provide the standards society is to adhere to and to assist society to determine what standards of conduct are acceptable. The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (“the Equality Act”) forms part of this legislation. An ubuntu­based jurisprudence has been developed. Ubuntu is a concept which is contrasted with vengeance. It dictates that a high value be placed on the life of a human being. It places a high premium on dignity, compassion, humaneness and respect for the humanity of others. It enjoins good attitudes and shared concern, and a shift from confrontation to mediation and conciliation. It favours the re­establishment of harmony in the relationship between parties, and for such harmony to restore the dignity of a plaintiff without ruining the defendant.