The Commission will be taking this matter to the Equality Court. The Commission strongly believes the contents of the open letter constitute hate speech, which contravenes freedom of expression as established in section 16 of the South African Constitution.
The Commission is also concerned with Mr Zuma’s statements in the media in response to the SAHRC’s initial statement, released on Friday, 28th July 2017. The SAHRC views Mr Zuma’s comments about the Commission and its constitutional mandate as a contravention of section 4(3) of the South African Human Rights Act, (SAHRC Act) Act 40 of 2013.
The section in question clearly states that: “No… person may interfere with, hinder or obstruct the Commission, any commissioner, a member of staff… in the exercise or performance of its or his or her powers and functions.” A contravention of this section constitutes an offence in terms of Section 22 of the SAHRC Act.
The Commission will therefore take steps to criminally charge Mr Zuma.
The above was endorsed by all SAHRC Commissioners in a regular meeting of Commissioners held on Tuesday 1st August 2017.
Ends
Issued by the South African Human Rights Commission
Gail Smith – Spokesperson Tel: 0609883792 This email address is being protected from spambots. You need JavaScript enabled to view it.
Gushwell Brooks – Communications Co-ordinator Tel: 082 645 8573 This email address is being protected from spambots. You need JavaScript enabled to view it.