Post

Men who called Gandhi racist fined

No pity from magistrate as pair shows no remorse in court

- CHANELLE LUTCHMAN POST,

TWO men who labelled Mahatma Gandhi a racist and were nasty to Indian South Africans have been ordered to pay R42 000 in damages by a magistrate sitting in the Equality Court.

As a result of the ruling by Magistrate John Sanders, Phumlani Mfeka and Zweli Sangweni have three months to pay. The money will go to an orphanage in Richards Bay.

During 2013 and 2014, the two men referred to Gandhi as “a racist”, claimed Indians had “enslaved Africans” and made use of the “C-word” in a newsletter.

At the time both men were members of the Mazibuye African Forum.

The Ahmed Kathrada Foundation reported the matter to the South African Human Rights Commission (SAHRC), and in April this year Mfeka and Sangweni were found guilty of hate speech directed against the Indian community in South Africa.

Speaking to the Mfeka criticised the ruling and claimed the magistrate had followed an “unsavoury route” in dealing with the matter.

He said he and Sangweni would appeal against the ruling. They planned to meet their attorney this week to get the appeal process started.

Meanwhile, other citizens have welcomed the sanction, which was meted out on Monday.

Neeshan Bolton, the director of the Ahmed Kathrada Foundation, was pleased the matter had been finalised.

“It has been a long journey and we are encouraged that the commission continued with our report and took it to the court. We hope others learn from this and that a strong message is sent out that there is no place for hate speech, irrespecti­ve of the issue.”

Lawson Naidoo, the executive secretary of the Council for the Advancemen­t of the Constituti­on, said the sanction indicated there was no place for hate speech in the country.

“It is an abuse of free speech and I welcome the punishment. It is important that hate speech is called out, to ensure more people become aware that it is not the right thing to do.”

The great-grandson of Mahatma Gandhi, Satish Dhupelia, said it was sad to live in a time when people felt comfortabl­e making racist comments. He suggested that Mfeka and Sangweni spend more time with the Indian community to learn about the history of Indians in this country.

Dhupelia added that Gandhi taught forgivenes­s and to look at things in a positive way.

“Gandhi made mistakes and corrected himself along the way. If he was wrong, he learned from it and changed his view.”

Ashen Singh, the convener of the South African Minority Rights Equality Movement (SAMREM), said the fine was “too little, too late”.

“The utterances were made five years ago. At the time, we were the first group to raise our voices and report Mfeka and Sangweni to the Human Rights Commission. The ruling now won’t change the fact that there are many people out there with anti-Indian sentiments. Many politician­s may have the same view as Mfeka, but won’t voice it.

“The reason why there are anti-Indian sentiments is because there is no one to stand up for the Indian community. Media and civic organisati­ons have failed to stand up against racism.”

The national convener of the Anti-Racism Network South Africa, Sean Moodley, said issuing fines was not the answer.

“The justice part of this matter is the fine, but what about the restorativ­e measures? Implement something to show the accused what they have done is wrong.”

On Monday, Magistrate Sanders was forced to impose his own sanction on the accused after the lawyers representi­ng the two sides failed to reach agreement on the sentence.

In passing sentence, Magistrate Sanders said Mfeka and Sangweni were not remorseful for their utterances.

“Nothing during the course of these proceeding­s has given this court the slightest indication that the respondent­s are in any sense apologetic, nor do they have the slightest regret for their actions.

“I have thus decided that to order the respondent­s to apologise in the present circumstan­ces would only demean this court, as well as the parties to whom the so-called apology would be directed… Quite clearly, the respondent­s are consummate specialist­s in the art of apportioni­ng blame to others while at the same time totally absolving themselves of any blame, or indeed responsibi­lity, for their own undisputed actions.”

During proceeding­s the pair, through their attorney Mbongeleni Mchunu, asked that Magistrate Sanders impose a sanction calling for open dialogue and educationa­l programmes instead of a fine.

Magistrate Sanders said while he accepted that Mfeka and Sangweni were financiall­y not well off, he believed they would be able to pay the fine.

“What I do not accept is the notion that the respondent­s are men of straw, who are totally dependent on the largesse on their families for their survival. I come to this conclusion for the following reasons; the respondent­s are self-confessed activists who travel all over the city and the province engaged in their activities.

“It is thus highly probable that the respondent­s have some independen­t source of income which they have chosen not to divulge to this court. The notion that the respondent­s are totally reliant on their families’ generosity for their livelihood is highly improbable.”

 ??  ?? Satish Dhupelia
Satish Dhupelia
 ??  ?? Neeshan Bolton
Neeshan Bolton

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