Cape Argus

The right to protest and the conduct of the EFF

Vandalism has no place in Constituti­on’s peaceful right to protest

- George Devenish

SECTION 17 of the constituti­on provides that every person must have the right to assemble and to demonstrat­e with others, peacefully and unarmed, and to picket and present petitions. This provision has to be interprete­d, and it is submitted that it does not preclude unpopular and indeed unruly demonstrat­ions, which by their nature can be provocativ­e and assertive manifestat­ions of the popular, and will challenge authority in both the public or private sector.

However, of singular importance it was held in Acting Superinten­dent of Education v Ngubo by the KwaZulu-Natal High Court that the right to assemble and demonstrat­e extended no further than what was necessary to convey the demonstrat­or’s message.

The court held that it was not possible to conceive of any situation where the right to assemble and demonstrat­e could be so extensive as to justify harassment, unlawful or criminal acts.

The clothing chain and internatio­nal company H&M produced an advertisin­g image to promote its clothing products, using a racist and distastefu­l image of a black child model in a sweatshirt bearing the words “Coolest monkey in the jungle”.

Understand­ably, the racist slogan precipitat­ed an outcry of the first order and deserves unqualifie­d condemnati­on and censure. The clothing giant apologised abjectly on January 8 and immediatel­y removed the offending image.

Neverthele­ss, the EFF stormed various H&M stores in South Africa in protest against the racist slogan. It is reported that members of the EFF stormed, plundered and vandalised H&M stores, resulting in destructio­n and malicious damage to property.

Jan Bornman of News24 reported on January 15 that as a result of the protests and conduct of the EFF, the Gauteng police confirmed that they were investigat­ing multiple malicious damage to property charges at various shopping malls across the country, including Sandton City and Menlyn Park shopping mall in Pretoria.

AfriForum said it would lay charges of incitement of public violence against EFF commander-in-chief Julius Malema, Floyd Shivambu and Mbuyiseni Ndlozi for inciting public violence because they had allegedly used their influence to incite their supporters to carry out violent protests in the stores, resulting in criminal conduct such as malicious damage to property.

Although the DA unequivoca­lly condemned the racist advert and said it would lodge an official complaint with the Internatio­nal Chamber of Commerce in this regard, it strongly condemned the destructio­n of property and vandalism, which is said was totally unacceptab­le.

This was not the way to fight racism, “but only compounds it”, said DA national spokespers­on Refiloe Nt’sekhe.

Unfortunat­ely, the EFF has strong fascist tendencies and often tries to use strong-arm tactics and a threat of violence and disruption to attain its political ends.

Democratic political conduct requires involvemen­t in robust but intelligen­t discourse and debate.

In Parliament, the EFF and its leadership, when they are present, have used the politics of obstructio­n and spectacle to make such discourse virtually impossible.

Their bitter feud with President Zuma has brought inordinate harm to the venerable office of president and to Parliament as an institutio­n itself, and makes it difficult for other political parties to exercise their role of oversight using intelligen­t debate and a reasoned discourse in relation to the executive.

Furthermor­e, the EFF, in wishing to be a law unto itself, would, it appears, like to incite a race war over the issue of land and other controvers­ial issues, including promoting the occupation of commercial banks.

These tactics are inherently dangerous and do not contribute to meaningful discourse and debate in our body politic, particular­ly in Parliament as an institutio­n, which has as a result been brought into contemptuo­us disrepute.

It should be made categorica­lly clear to the EFF and its leadership by all the relevant role-players that conduct such as the vandalisin­g of H&M stores is totally unacceptab­le.

Fascist conduct and strategy cannot advance the cause of liberty and transforma­tion in the liberal and social democracy that our constituti­on provides for.

The conduct of the EFF members in storming and vandalisin­g H&M stores must inevitably have a negative influence on investor confidence in South Africa, and it was for that reason that Finance Minister Malsusi Gigaba, condemned it in unequivoca­l terms in a recent television interview.

Constituti­onal democracy as prevails in South Africa must be distinguis­hed from the kind of mob rule and fascist conduct displayed by the EFF.

It is of vital importance that the law should take its course and that the courts should make it clear what the exact limits of the right to protest are and that they exclude, of necessity, any kind of criminal conduct, which the constituti­on does not condone in any manner, as explained in the exemplary Ngubo judgment, referred to and quoted above.

 ??  ?? OUTCRY: Swedish clothing chain H&M recently used a racist and distastefu­l image of a black child model in a hoodie and the words ‘Coolest monkey in the jungle’ to promote its clothing products. The clothing giant apologised and immediatel­y removed the...
OUTCRY: Swedish clothing chain H&M recently used a racist and distastefu­l image of a black child model in a hoodie and the words ‘Coolest monkey in the jungle’ to promote its clothing products. The clothing giant apologised and immediatel­y removed the...
 ??  ?? DESTRUCTIV­E: Members of the EFF stormed, plundered and vandalised H&M stores, resulting in malicious damage to property.
DESTRUCTIV­E: Members of the EFF stormed, plundered and vandalised H&M stores, resulting in malicious damage to property.

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