Hate speech forges on
POLITICAL activist Jackie Shandu, who caused a stir with his “one Indian, one bullet” chant during the “Justice for Phoenix Massacre Victims” campaign soon after the July 2021 riots, appeared in court last week.
Shandu, whose real name is Gift Madoda Radebe, 40, from KwaDukuza, appeared in the Durban Magistrate’s Court on charges of hate speech and incitement of violence.
The matter was postponed for further investigation.
He was represented by a legal team – attorneys Mabo Nene and Melusi Xulu and advocate Mandla Luthuli.
It emerged outside court that Visvin Reddy, one of the complainants who had initially charged Shandu, would drop the charges against him.
However, the second complainant, Ashwin Trikamjee, a lawyer and president of the South African Hindu Maha Sabha, said he would not be dropping the charges against Shandu.
Shandu told the POST that he had held several meetings with Reddy, who had indicated he would drop the charges against him. But this had not happened by the time Shandu had appeared in court.
Reddy, an uMkhonto we Sizwe Party member in KZN, said he had spoken to the investigating officer and notified him about his intentions related to the charges.
He said he had not been at Shandu’s court appearance as he had been “tied up in another court matter”.
Reddy said: “He (Shandu) publicly apologised for his utterances soon after the incident. Last week, he apologised again and we can tell that he is being sincere.
“People make mistakes. None of us are perfect. I too, in my political career, have made mistakes. It takes a great leader to apologise.”
He said that pursuing the matter would create further tension on a “sensitive, delicate issue”.
“We are still nursing wounds after the July 2021 unrest. During the unrest, the majority of the people that were killed were blacks. Some were killed by criminal elements within the Indian community.
“Neighbouring communities are still reeling from the shock and trauma.
“The issue of racial tension is still prevalent and I believe that Shandu is sincere and genuine in his apology. There are still people who harbour racism and I know that Shandu is capable of taking it further and tackling it head on, to find solutions. We need to be more like children, who don’t see race. We want a South Africa where everyone is equal and not classified by race,” Reddy said.
Trikamjee said he intended to proceed with the matter.
“The remarks expressed by Shandu constituted a serious attack on the Indian community. These remarks cannot be left unchallenged and demand a response of the law. Racism must be challenged all the time,” he said.
Shandu said he understood that some of his “utterances” had been viewed as controversial but that he had retracted the comments he had chanted outside the Durban City Hall on July 29, 2021.
He is the founder and convenor of the social justice movement, Justice for the Phoenix Massacre Victims.
“At the time, I had addressed the crowd and we chanted and sang songs, like we usually do.
“The song is an old political chant which belongs to the history and tradition of the liberation Struggle, which goes as far back as the ’50s and ’60s. So, when you put the chant in the context of what was being said at the time, it was not to incite violence or hate.
“The public at the time did not focus on what I sang, but rather on the gross violations of the people who were butchered because they were black,” he said.
Shandu said he “abhorred violence and racism” and was “puzzled” that after he had retracted his statement, charges were still being brought against him.
“It is beyond me how someone would accuse me of perpetuating violence. It was not my intention to incite violence. If we wanted to incite violence, we would have gone to Phoenix and marched there.
“But in response to the serious violence, we addressed the powers that be. We followed the right channels and wanted to address the massacre of black people with a peaceful march and a memorandum.”
Shandu said the Justice for Phoenix Massacre Victims movement would continue in its endeavours until justice for the victims was served.
“We can’t have reconciliation until justice is served. People who were wronged must feel that there has been an acknowledgement by the perpetrators of the violence and by the state who failed in its constitutional mandate to protect the citizens of this country.
“We insist on compensation for their families. Not only for those killed, but also those left handicapped, those whose cars were torched and those who have permanent injuries.
“Something like this can never be allowed to happen again. If we do not effectively address the issues, five years down the line, this could happen again, and it can be among any race group, then what do we do?
“This should never have happened, not in the name of our democracy,” he added.
The movement demanded, in a memorandum that was handed to mayor Mxolisi Kaunda’s office on July 29, 2021, that there be an “inquiry and speedy arrest of the murderers” and that various state institutions be held accountable, in particular the SAPS.
“It was their (SAPS) constitutional obligation to protect the lives of people and ensure their safety. They failed our people by allowing them to be butchered by Indians for four days without intervention,” said Shandu.