SAHRC finds COSATU spokesperson Bongani Masuku guilty of hate-speech

The SA Human Rights Commission (SAHRC) has ruled that various anti-Semitic statements by Bongani Masuku, a COSATU spokesperson on international affairs, amount to hate-speech, and that he must apologise to the SA Jewish Board of Deputies (SAJBD).

Below we summarise the Finding and then comment.

Summary of the Finding

According to the SAHRC finding, Mr Masuku's statements included the following (emphasis added by us):

COSATU is with you, we will do everything to make sure that whether its at Wits University, whether its at Orange Grove, anyone who does not support equality and dignity, who does not support the rights of other people must face the consequences even if it means that we will do something that may necessarily cause what is regarded as harm ...

... any South African family who sends its son or daughter to be part of the Israeli Defence Force must not blame us if something happens to them with immediate effect ...

He also said, in regard to Zionists:

We must target them, expose them and do all that is needed to subject them to perpetual suffering.

In an e-mail to Anthony Posner, Masuku wrote:

... all who have not accepted or woken up to the reality that we now live in a democratic South Africa where racism or promotion of it is a crime, are free to leave the country. I repeat whether Jew or whomsoever does so, must not just be encouraged but forced to leave ...

The Finding relied on Section 16 of the Constitution as well as Section 10 of the Equality Act.

Section 16(2) of the Constitution states that the following forms of speech are not protected as free speech:

(a) propaganda for war;

(b) incitement of imminent violence;

(c) advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.

In paragraph 17, the SAHRC finding states:

The Commission’s analysis concurs with the Constitutional Court jurisprudence that the ‘harm’ referred to in section 16 (2) (c) should be broader than ‘actual harm’ (i.e. physical harm) and should include an expression that adversely impacts upon the dignity, which could be physical, psychological and emotional harm.

The Finding further relied on a previous SAHRC ruling and past judgments of the South African Constitutional Court.

In paragraph 21, the SAHRC finding states:

By Mr Masuku making those remarks he surely intended to incite violence and hatred that was already potentially imminent amongst these two groups [Zionists and Palestinian supporters]. COSATU members of Palestinian supporters present at this rally could easily have been incited to hate, and even attack their Jewish counterparts. This is exactly what Section 16(2) of the Constitution seeks to prevent.

The SAHRC has written to Mr Masuku, asking him to tender an apology to the SA Jewish Board of Deputies, the complainant, by 23 December. Failing this, the SAHRC has recommended the matter be settled in litigation before the Equality Court.

Comment by Open Shuhada Street (OSS)

On Mr Masuku and COSATU

OSS agrees that passages in Mr Masuku’s statements cross the line of free-speech, are unacceptable and warrant an apology.

Mr Masuku’s statements are deeply problematic for a number of reasons:

• Firstly, they are anti-Semitic, racist and deeply offensive to all people, particularly Jews given the historic oppression of Jews. As a major representative body of Jews, the SAJBD was correct to approach the SAHRC and to seek an apology from Mr Masuku.
• Secondly, the statements flirt irresponsibly with violence. This is particularly irresponsible, given the violent nature of the Palestinian-Israeli conflict. Despite the violent nature of the Israeli occupation, violent resistance targeting civilians in Israel or anywhere else is illegitimate and wrong. Support for resistance should not include violent attacks on civilians and we call on COSATU to make this clear.
• Thirdly, these statements undermine serious efforts to end the ongoing oppression of Palestinians and the increasing violation of their human rights by the state of Israel. Such statements alienate progressive Jews and progressive people of all backgrounds and therefore cannot be of any assistance to Palestinians who require organised and united progressive international support.
• Fourthly, such statements make a mockery of the basis for supporting Palestinian freedom in the first place. The struggle for Palestinian freedom will only succeed if it is based on universal human rights, including of course, full recognition of the rights of Jews, in Israel and elsewhere.

Mr Masuku’s offensive remarks are unfortunately not an isolated aberration. Certain other recent actions by COSATU on behalf of Palestinian rights have been problematic. According to the Budlender report, the conduct of the joint COSATU / Palestinian Solidarity Alliance (PSA) demonstration outside Wits University at the Jewish Limmud Conference on Sunday 9 September 2009 was characterised by threats and intimidation. This is in sharp contrast to the protest within the Wits Campus, organised by the Palestinian Solidary Committee (PSC), which was dignified. Indeed it is curious to see COSATU working jointly with the PSA, a somewhat conservative organisation, rather than with a more secular group such as the PSC.

For over two decades COSATU has been a leading progressive force in our society. It has fought for the rights of workers, the poor and the oppressed at large, including in more recent years for the people of Zimbabwe and the victims of HIV/AIDS. OSS would welcome a serious intervention by COSATU on behalf of the cause of Palestinian freedom, and peace and security for Palestinians and Israelis. OSS commends COSATU, and the South African Transport and Allied Workers Union (SATAWU) members in Durban, for the announcement on 3 February 2009, issued by their General Secretary Randall Howard, in which it was stated that “dock workers refused to offload a ship from Israel that is scheduled to dock in Durban on Sunday, 8 February 2009”. As noted in the statement, these were the same workers who, in 2008, “refused to offload a shipment of arms that had arrived from China and was destined for Zimbabwe to prop up the Mugabe regime”.

But any such intervention must be based on universal human rights, and respect for the rights of all South African citizens to hold and express their views, however reactionary these might be. It is of vital moral and political importance that a clear and constant distinction is made between, on the one hand, the inalienable rights of Jews to live and thrive individually and/or communally, and on the other, the need for all people of moral conscience to oppose the unconscionable oppression of Palestinians by Israel, characterised by increasing dispossession of land, eviction from and demolition of housing, impediments to movement, diversion of water supplies, barriers to education, refusal of access to places of worship, and denial of freedom and full equality.

On SAJBD, Supernatural, Anthony Posner and Mike Berger

It should be clear from the above that OSS supports the SAHRC Finding. However, it is important to point out that the SAJBD, Supernatural Blog, Anthony Posner and others are not blameless in this.

At least three members of the Jewish community were involved in a lengthy correspondence with Masuku, which partly precipitated the complaint to the SAHRC. These were Steve Magid (editor of the Supernatural Blog), Anthony Posner and Mike Berger (former media consultant to the SAJBD).

(The Supernatural Blog is a self-styled media watchdog, aimed at “Exposing anti-Israel bias in the South African media and promoting a balanced South African foreign policy towards the middle east.” In reality, this can descend into right-wing Zionist propaganda, particularly in the comments section.)

The correspondence began in the wake of COSATU’s rally outside Beyachad, a Jewish community and administrative centre in Johannesburg, which includes the offices of the SA Zionist Federation. The rally, for which permission was apparently denied by the City Council, was apparently aimed at protesting statements in support of Israeli actions, particularly in Gaza.

The first correspondence was when Masuku queried this comment posted on 6 February 2009 on the Supernatural blog in response to Supernatural’s report on the COSATU rally:

Even when all the monkeys in Cosatu have died of aids (even those who were cured by raping babies), I still won't return [to SA]. Jews should be in Israel supporting Israel - Friends - make Aliya! Do it!

Possibly in response to this, Masuku posted a comment in which he threatened “perpetual suffering” (quoted more fully at the top of this report, and in the SAHRC Finding).

Magid wrote to Masuku on 11 February saying that the offensive anti-COSATU comment had been deleted. He further stated that the comment “certainly does not represent the view of the blog, or its readers”. He also stated that the anti-COSATU comment was deleted before Masuku posted his comment.

At around this same time another anti-COSATU comment (later deleted) was posted on Supernatural by Gary Selikow which read as follows:

Let us bombard the COSATU offices with phone calls to let them know our anger.
It is hardr to ignore phone calls than e mails.
Maybe we should start a policy that Israel-loyal Jews refuse to employ COSATU members in retaliation for COSATU's evil actions.

Later on 11 February Masuku responded to Magid, referring to this second comment. Masuku also relayed his experience of the rally outside Beyachad which included “insults we received, the threats we went through and the stone-throwing at our [COSATU’s] buses”. Masuku also made some harsh comments including that “Jews are arrogant”. He concluded the e-mail as follows:

I repeat, there are Jews all over the world, who have proven to be reasonable and humane, but I have no doubt that all those who support Israel are just as evil as the actions of Israel and am less concerned whether that is semitic or not, but am interested in the end of human suffering caused by Israel.

Thank you Steve and hope that am not making a hate speech, but speaking from the deepest part of my heart, what I sincerely believe in.

Also on 11 February Magid again responded to Masuku complaining that COSATU spokesperson Patrick Craven had treated the threat against COSATU as serious, which Magid said, it was not. He justified the harsh reception given to COSATU at their rally outside Beyachad. Magid concluded as follows:

Perhaps one day, when the tensions ease and there is peace in the Middle East, with Israel and Palestine existing side by side with secure and defensible borders, you will agree to meet some real Zionists under friendlier circumstances.

On 12 February Masuku wrote again to Magid. (It is important to note that all correspondence was being cc’d to a wide range of people including David Saks, Director of the SAJBD). Masuku began by stating: “Let me clarify one thing. I hate no Jew.” Further he said that he “organised a march not to anyone’s neighbourhood, but to offices of an organisation that I considered the enemy of peace and that is the Zionist Federation.” Masuku also disputed Magid’s assessment that the comment calling for a boycott of COSATU was unimportant, and defended Patrick Craven’s actions in disseminating it. Masuku concluded as follows:

Finally, I am looking forward to the day when all Jews will openly say, we are not benefiting anything from what Israel is doing in our name, than hiding and silently consenting or grumbling under tables while Israel intensifies its massacres. Only then, am I sure will we need no march, no confrontation, but brotherly peace and happiness for all.

Also on 12 February Anthony Posner entered the correspondence. He sent Masuku a satirical poem impugning Ronnie Kasrils and mocking comparisons between Jews and Nazis.

On 13 February Masuku responded with a one-line response expressing disinterest in Posner’s poetry and reiterating his previous position.

At this point Posner began to toy with Masuku. Whilst still cc’ing a fairly wide group of people, Posner began to sarcastically invite Masuku into a “poetry club” he claimed to be setting up. Masuku continued to reject the invitations to participate. Later on 13 February Posner cc’d the entire e-mail chain to an even wider group of people, and sent Masuku another satirical poem.

Later on 13 February Masuku responded to Posner and to the enlarged list of cc’s as follows:

Dear Anthony, may I request that you do not use my name in these projects. I do not want to be caught up in controversies. I appreciate your invite, but may I request that we just end here. Kindly

Posner did not accede to this request. He now began to taunt Masuku, seemingly trying to draw him out into making anti-Semitic statements:

Dear Bongani,

I might have misunderstood your last email, but I get the impression that, for some reason or other, you now want to withdraw from the poetry/book club. I don not understand why it would create a "controversy". Is it because I am a Jew?

Still on 13 February Masuku again responded:

No, its not about being Jew my fellow countryman. It is about the fact that I have only met you on email, which means I would need to know whom am I dealing with and how. I have no problem with poetry, but please am not about to join any club for now. Wishing you all the best in your good endeavours. Kindly

Still on 13 February, and still unable to accept Masuku’s answer, Posner continued to taunt:

I have just received an email from Joel Pollak stating "The last organization to argue that certain Jews "must be encouraged to leave South Africa" was the Nazi-supporting Greyshirts of the 1930s, the far-right wing of the Afrikaner nationalist movement."

Is his statement historically accurate?? If it is, I have to conclude that such a political position on Cosatu's behalf might have poisoned our opportunity to be "brothers' in the new post apartheid South Africa!

viva/ seig heil etc
blacklisted

Still on 13 February Masuku now wrote a lengthy letter to Posner. Masuku reiterated some of his earlier statements, including: “I repeat, whether Jew or whosoever does so, must not just be encouraged but forced to leave, for such a crime is so heinous it cant be tolerated.”

Masuku also stated:

We cant continue to be blackmailed by anybody, including Jews, that whenever we speak about their evil acts, we must be called anti-semitic, but they have the god-ordained right to murder, rape and kill innocent children in Palestine. ...
I also indicated to you over and over that I have respect for all the Jews who have chosen to stand up against the murderous state called Israel, which does so in the name of all Jews. ...

What is anti-semitic about that. We cant avoid discussing this issue merely because we fear the world’s cry-babies who think they have a right to occupy and meet no resistance, which if they meet, they cry out so loud,you can really believe Palestinians are the agressors ...

At this point Posner began writing sarcastic e-mails to various other people, including Patrick Craven of COSATU and Jeremy Cronin, then an ANC MP. These e-mails seem again like active attempts to elicit an anti-Semitic response:

Should some Jews now be " be encouraged to leave South Africa "? If so, will you draw up a list with Ronnie Kasrils and Steven Friedman? How many people will be included? And will you round them up?

Masuku responded only: “You are just a shame!!! Go on with your pity-seeking stunts!”

Still on 13 February, Posner continued to taunt Masuku:

Will you personally be "encouraging" Jews to leave South Africa?" If so, would such "encouragement" be constitutional? Are you sure that it isn't hate speech? Have you checked it out with Cosatu's lawyers?

At this point Michael Trapido wrote an article on the ThoughtLeader blog. Trapido had like many others, had been privy to the Masuku-Magid-Posner correspondence. After claiming to be a vigorous opponent of Islamophobia Trapido wrote:

[I]f regard is had to the global Islamic community right now, extremists are currently involved in conflicts on almost every continent and against almost every race, creed, culture and sex the planet has to offer.

The words “global Islamic community” are worth noting. The thrust of Trapido’s argument was that there could be no basis for protesting against any South African organisation in respect of conflict in the Middle-East. Trapido fails to distinguish the South African Jewish community as a whole from the South African Zionist Federation (SAZF), an organisation whose primary purpose is to support the actions of the Israeli government, something it actively did, for example, with regard to the Dec 2008 – Jan 2009 attack on Gaza. (We note the Trapido blogpot here because it was distributed through the e-mail chain by Posner.)

Not having the facts, OSS is not in a position to effectively judge the COSATU demonstration outside Beyachad. By all accounts both COSATU and certain members of the Jewish community behaved very poorly. The hurling of abuse, and more particularly the throwing of stones, by members of the Jewish community, if true, is both illegal, inflammatory and dangerous, not only to the demonstrators, but to the assembled members of the Jewish community. Although the SAZF is a legitimate object of criticism and protest, it is not hard to see how many Jews would interpret the chosen venue as anti-Jew rather than anti-Israel, and very careful preparation and communication is therefore needed before treading into such sensitive water. Moreover, the reported use of Nazi iconography and sloganeering against the assembled members of the Jewish community is deeply inflammatory, unnecessary and unacceptable.

However it is worth noting that through his correspondence with Masuku, Posner uses this very same Nazi sloganeering in a flagrant, almost gleeful manner, signing off his letter “seig heil” and asking questions such as “Is there anyway that I can spot "Hitler's Friends"?” At no point did David Saks, a Director of the SAJBD, who laid the SAHRC complaint against Masuku, intervene to curtail Posner, or even express public objection.

It is also significant how Posner uses Masuku’s words to deliberately fear-monger. In an e-mail to Nathan Geffen (not responded to) on 16 February, Posner states:

I think that one has to conclude that Bongani Masuku has been stating official Cosatu policy. It is an interesting development and much thought should now be given to the implications of Cosatu’s policy with regard to The Jewish Question in SA.

Bongani’s words might just be viewed as bluff and bluster, but Jews have previously made similar mistakes by underestimating such threats and have paid with their lives.

Cosatu will have considerable influence after the next election and are presumably now discussing precisely how they will force some Jews to leave.

Contrast this with Magid telling Masuku that the racist comments on his blog should not be taken seriously.

Posner continued to try to draw people into making anti-Semitic statements. On 16 February he wrote to Steven Friedman:

Steven please comment on the Trapido blog. You are making a crucial contribution to SA's democratic process and it is important that you can be courageous enough to support Bongani's intriguing comments.

The correspondence continued into the next week. On 22 February Posner wrote to Masuku stating that COSATU was in breach of the London Declaration on combating Anti-Semitism.

On 23 February Masuku responded:

Could I request that you stop sending me any of your apartheid and anti-Palestine things. I am not even governed by the UK parliament, I don’t care a damn what they say, they support apartheid Israel anyway. I have more serious issues to attend to and am not about to change my views, ISRAEL is an apartheid state and we must defeat apartheid wherever it happens and I swear we shall do so. For now, keep your apartheid friends and networks to yourself, please. Its s shame to speak to someone who openly support apartheid and racism in our beloved country when so many of our people died fighting against it, shame on you and your Hitler company!

Please just stop, nothing in common between us!

At this point the correspondence was being copied to Wendy Kahn, Executive Director of the SAJBD.

Still on 23 February, Mike Berger, former media consultant to the Board of Deputies, wrote to Masuku stating:

South Africa is ill-served by having people like yourself in postitions of political influence. The Middle East conflict is complex and irrelevant to South Africa. Given our diverse population it should be left to those with the direct interest and knowledge to make a useful contribution. That does not include you.

Who did Berger mean by those with a “direct interest”? Jews? Muslims? Whites? Apparently not non-Jewish black Africans.

Comparing Berger's and Posner's comments to Masuku's exemplifies how people with middle-class backgrounds and expensive educations can often disguise their racism using subtle language. Berger’s bigotry, written in flowing academic prose, is as uncivilized as the abuse which might be hurled by uneducated people at a demonstration.

The following day Masuku replied to Berger with only:

Wish I had time for all this racist nonsense to justify you occupying other people’s land. Am not keen for anything else than you leaving other people’s land and not seeking pity. You will not intimidate us with your anti-semitism garbage.

On the same day, 24 February, Berger wrote back, addressing Masuku in the third person:

Hannah Arendt talked of the 'banality of evil" and she was absolutely right. Its very banality accounts for its presence in the most normal of people. It is that which permits the horrors of mass slaughter, destruction and torture.

Mr Masuku, will forgive me for saying he does not have the intellectual gifts which would allow him to rise above banality. But he (and millions and millions like him) would very likely excuse or even participate in genocidal action given the opportunity.

Here Berger insults Masuku’s intelligence, and accuses him “and millions like him” (?) of wanting a genocide against Jews.

On 25 February Masuku responded, apparently for the last time, at length, making a few points: (1) Israel assisted South Africa during Aparthed, (2) Although some Jews oppose Israeli policy the majority support it, (3) The source of the war is the occupation, (4) Israel’s actions are part of a larger US imperialism including Iraq and Afghanistan. He ended by saying: “as you have accepted we are enemies of each other, you stand for apartheid, we stand for justice, to please keep away and no more shall I need your communication.”

OSS is probably not in possession of the full correspondence. What we have is due to our being copied on these e-mails, against our will and repeated requests not to be.

Conclusion and Recommendations

Undoubtedly Masuku's comments are anti-Semitic in places.

However many (not all) of them have been made in response to deliberately antagonistic and racist comments.

We are concerned by Posner’s pathological behaviour, and the intellectual snobbery and racism of Berger. They have deliberately sought to elicit Masuku's comments and failed to examine their own racism or their lack of understanding of race politics in South Africa. Their behaviour is dangerous: they appear to want to prove that antisemitism is a serious problem in South Africa by deliberately generating it. The fact that whilst the SAJBD relied on their correspondence for the SAHRC application, it failed at the same time to publicly deal with the inflammatory and bigoted actions of these members of the Jewish community is deeply problematic.

Masuku clearly was not sufficiently prepared to handle them appropriately, though this does not excuse his behaviour.

OSS suggests the following way forward:

1. COSATU and the SAJBD meet to make clear to each other their views on Israel/Palestine.
2. At this meeting Masuku hands an apology to the SAJBD for his offensive statements. This apology should ideally be addressed, not to any specific organisation, but to the wider South African community, including Jews.
3. At this meeting the SAJBD hands an apology to Masuku / COSATU from Anthony Posner and Mike Berger. Although the SAJBD is not responsible for Posner and Berger in the same way that COSATU must be responsible for Masuku (as they are not officials or employees of the SAJBD), it would be appropriate for the SAJBD to at least attempt to extract these apologies. This would recognize the two-sided nature of the correspondence, and the fact that the SAJBD did not attempt to curtail the problematic engagement of Posner and Berger.