Business chamber chair resigns

MBOMBELA - A social media storm recently erupted over the former chairperson of the Kruger Lowveld Chamber of Business and Tourism (KLCBT), TJ Maré, resulting in him resigning.

This follows after he posted the old South African flag on his personal Facebook account, in reaction to the Equality Court’s ruling that the singing of “Kill the Boer, Kill the Farmer” is not hate speech.

His post did not sit well with many. The Mpumalanga EFF leader,

Collen Sedibe, who called for Maré’s resignation, welcomed the outcome in that Maré is no longer with the KLCBT. “The party wishes to commend the KLCBT for heeding the call to cut ties with Maré, whose recent remarks are seen by the EFF as promoting racism. Even though the party notes and welcomes his resignation, it wishes to further call for inclusivity and transformation on the KLCBT board. It is of the view that with transformation within the board, more black entrepreneurs within the tourism sector will grow,” said Sedibe.

Maré insists that he is not a racist. He removed the Facebook post before resigning of his own accord and apologised for his actions. “This was not done because of hatred or racism at all. I came to the realisation that my post has caused hurt and for that I am truly sorry and apologise. I hope to put everything behind me and move on by keeping the city clean and creating jobs.

“I would like to thank the business sector for working with me during my time and I believe that it will support the new chairperson. I played my role with honour. I will continue to clean the city with my team.”

The KLCBT’s president, Sandra Jacobs, apologised for any discomfort and embarrassment this may have caused and to those who were negatively affected. “The board accepted his resignation and appreciates that he has done so of his own accord out of respect for the KLCBT’s mandate to promote business and work towards a cohesive and united society. Ferdi Bijzet, previously vice chair, was appointed as the interim business chamber chair, who will serve until the next KLCBT elections in 2023,” she said.

In August 2019, Deputy Judge President Phineas Mojapelo of the Equality Court ruled that gratuitous displays of the apartheid national flag constitutes hate speech, harassment

and unfair discrimination in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act. AfriForum took the matter to the Supreme Court of Appeal in Bloemfontein, which has yet to decide on the Equality Court’s ruling.

The right to freedom of expression and the old flag - what the law says Helene Viljoen

No South African has absolute freedom of expression. This judicially confirmed fact often has social media users scratching their heads. We have gotten accustomed to ever-present robust online debates and our right to speak our minds is constitutionally protected. Why, then, are certain social media posts considered unlawful? Section 16 of the Constitution protects the right to freedom of expression while indicating that the right to have your say is inherently limited.

Section 16(b) specifically excludes hate speech from the ambit of constitutionally protected statements, and the Promotion of Equality and Prevention of Unfair Discrimination Act does so in more detail.

Many South Africans consider the old South African flag to be a symbol of apartheid, and in 2019, the Equality Court judge, Phineas Mojapelo, ruled that its public display amounts to hate speech, but made provision for its legitimate display in “journalistic, academic and artistic expression”. Although AfriForum has appealed against the court’s finding, the Supreme Court of Appeal has not yet delivered judgment, and the Equality Court’s decision remains binding. In August, the same court’s judge, Edwin Molahleni, found that the singing of

“Kill the Boer, Kill the Farmer” did not constitute hate speech. He did, however, acknowledge that the song might be considered offensive. Our courts consider the limitation of one’s right to freedom of expression on a case-by-case basis.

And while South Africans may agree with some rulings and disagree with others, the fact remains that court findings are binding to us all.