Cape Times

Abusing right to protest by using violence not the way to fight racism

- 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 (voice) 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 high 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 harass- ment, delicts or criminal acts.

Clothing 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 Monday, January 8 and immediatel­y removed the offending image involving the black child.

Neverthele­ss, the EFF stormed various H&M stores in South Africa in protest against the racist slogan printed on the hoodie that caused an unpreceden­ted uproar on social media.

It is reported that members of the EFF stormed, plundered and vandalised H&M stores, resulting in the destructio­n and malicious damage to property.

Jan Bornman of News24 (15/01/2018) reported that as a result of the protests and conduct

of the EFF, the Gauteng police confirmed they were investigat­ing multiple malicious damage to property charges at shopping malls, including Sandton City and Menlyn Park shopping mall in Pretoria.

On Monday, AfriForum said it would lay charges of incitement of public violence against EFF commander-in-chief Julius Malema, as well as 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 unacceptab­le, but declared this was not the way to fight racism, “but only compounds it”, said Refiloe Nt’sekhe, its spokespers­on.

Unfortunat­ely, the EFF has strong fascist tendencies and often attempts 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 itself as an institutio­n, 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, such as the occupation of the 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 such conduct 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 this reason, that Finance Minister Malusi 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 the courts should make it clear what the exact limits of the right to protest are and that they exclude 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.

Devenish is emeritus professor at UKZN and one of the scholars who assisted in drafting the interim constituti­on in 1993.

 ?? Picture: ZANELE ZULU/AFRICAN NEWS AGENCY (ANA) ?? RED ALERT: EFF members protest outside H&M at the Gateway Mall in uMhlanga.
Picture: ZANELE ZULU/AFRICAN NEWS AGENCY (ANA) RED ALERT: EFF members protest outside H&M at the Gateway Mall in uMhlanga.

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