SAHRC: Malema not guilty of hate speech

The commission released its findings in Braamfontein on Wednesday.

Although a number of complaints were filed against Malema, the commission chose to focus on five complaints filed between 2016 and 2018.

The complaints were brought by the FW De Klerk Foundation and organisations in the private sector.

It included remarks Malema made around the slaughter of white people, Indians mistreating black people in KwaZulu-Natal and the singing of the song ‘kiss the boer’.

The commission’s chairperson Professor Bongani Majola said although Malema’s remarks do not constitute hate speech, they remain problematic.

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“Even though the finding is that it does not amount to hate speech this time, his utterances are still quiet problematic to us, in a society that is committed to healing the divisions of the past and establishing a society based on democratic values and fundamental freedoms. 

Beyond our technical legal findings in terms of the rule of law, the commission has already committed to taking forward dialogue in the promotion of social cohesion and the elimination of intolerance and prejudice as envisaged by the National Development Plan and the recently approved and publicised national plan.”

A complaint was also laid against EFF secretary-general Godrich Gardee related to comments he made to Democratic Alliance leader Mmusi Maimane.

A tweet posted by Gardee, which was subsequently deleted, he called Maimane “a garden boy”.

The commission also found that the comment does not constitute hate speech.

“The tweet by Mr Gardee calling Mr Maimane ‘garden boy’ is insulting and offensive but does not amount to hate speech. Both people share same status as members of Parliament. Context was applied in terms of race, historical and social background,” said the commission’s senior researcher Dr Shanelle van der Berg.

SAHRC spokesperson Gail Smith said if the complainants are not satisfied with the findings, they could take it on review.

“We are very aware of the unhappiness around the finding, we are very sensitive to that fact. As the chairperson and CEO have said, people do have the right to take it on review. We are not blind to it nor are we insensitive to it.”