Sowetan

Mkhwebane stands firm on Zille tweets

No way was I praising colonialis­m – premier

- By Karyn Maughan

Public protector Busisiwe Mkhwebane insists Western Cape premier Helen Zille intentiona­lly caused harm and offence with her controvers­ial colonialis­m tweets. “Leaders in her position should avoid statements that have the effect of dividing society on the basis of their racial experience­s,” Mkhwebane stated in court papers in response to Zille’s legal challenge to her tweet report. “There need not be actual scenes of racial tensions, violence and division to support a finding on the potential effects of a divisive and insensitiv­e statement about the painful history of the majority of South Africans,” she said. Zille is challengin­g Mkhwebane’s findings and remedial action in the report in which she found that Zille’s tweets were “likely to cause racial tensions, divisions and violence in South Africa”.

She concluded that the constituti­on – which upholds the right to freedom of expression – was “not created to allow anyone, particular­ly those in positions of influence, to make such statements”.

“It is correct to say that section 16 was not created to enable public officials to exercise their rights in a manner that is racially divisive and likely to cause racial violence.” Zille, meanwhile, maintains that the impact of Mkhwebane’s “irrational” and unlawful reasoning in the tweet report “fails to have any regard to the importance of political speech” in SA.

“The effect of her approach is to chill public debate between public officials and the citizens they serve,” she states. While Mkhwebane’s applicatio­n of the law in her Zille report has come under fire from analyst Pierre de Vos, who described it as a “legal nonsense”, the public protector said she stood by it. That report found that Zille violated the constituti­on and the Executive Members Ethics Act with her tweets, which included the following: “For those claiming that the legacy of colonialis­m was only negative, think of our independen­t judiciary, transport infrastruc­ture, piped water etc.” According to Mkhwebane, in their ordinary meaning, the public statements meant that colonialis­m and apartheid was not all that bad because there are some good things that came out of that experience. “This on its own would be offensive because it is akin to saying to a woman who has suffered rape under colonialis­m or apartheid must look to the good that these diabolical systems of government brought in terms of healthcare and the justice system.” Mkhwebane accuses Zille of showing a “callous disregard for the dignity of black South Africans” and acting “in bad faith, with an unknown intention” and “out of political selfintere­st”.

Zille said these allegation­s were “vexatious”, “uncalled for” and “unjustifie­d”, adding that it’s concerning that Mkhwebane has made such allegation­s “without any sound basis”.

Zille insists that her tweets were never intended to be in praise of colonialis­m‚ which‚ she stated‚ “subjugated and oppressed the majority in SA and benefited a minority on the basis of race”.

“This is indeed indefensib­le and I do not support‚ justify‚ praise or promote it in any way.”

Callous disregard for the dignity of blacks

 ?? / ESA ALEXANDER ?? Public protector Busisiwe Mkhwebane is adamant that Helen Zille’s tweets on colonialis­m caused harm.
/ ESA ALEXANDER Public protector Busisiwe Mkhwebane is adamant that Helen Zille’s tweets on colonialis­m caused harm.
 ?? / TREVOR SAMSON ?? Western Cape premier Helen Zille has defended her tweets and challenged the public protector’s report.
/ TREVOR SAMSON Western Cape premier Helen Zille has defended her tweets and challenged the public protector’s report.

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