Hate speech ruling is ‘fair’
FORMER Toyota employee, Khela Mngwengwe has been found guilty of hate speech and ordered to publish an “unconditional apology” to the Indian community of South Africa.
In an interview with the on Tuesday, Mngwengwe said the outcome of the case against him was “fair”. He said he would apologise on social media within 30 days from the date of the order, as per the court’s ruling.
Following the July 2021 unrest, Mngwengwe posted a racist comment, inciting and threatening violence against Indians on social media.
In his post, he referred to Indians by the derogatory c ***** e word.
Narendh Ganesh, leader of the National Independent Congress of South Africa (Nicsa), then laid charges against Mngwengwe for promoting and perpetuating hate speech against the Indian community.
On Friday, the Equality Court in uMlazi ruled that Mngwengwe was guilty of hate speech, and ordered him to issue an apology within 30 days of the ruling. The court also ordered that he acknowledge that his post was hate speech and that he was wrong to publish it on social media.
Ganesh said he had not asked for a jail term or a monetary fine for Mngwengwe as a “gesture of reconciliation and fostering of better race relations between all the people of this country”.
“Despite my request for mediation with Mngwengwe prior to the trial, he refused and the trial proceeded,” said Ganesh.
He added that the trial had stretched his resources in terms of finances, time and personal risk.
“We need social cohesion now more than ever. We must not allow the dark history of the July 2021 unrest to foreshadow the great need to become patriots and true citizens of this country,” he added.
“Let us all make this work-in-progress called South Africa happen in the absence of hate, animosity and racial divide, so we all can live in co-existence, in peace and indeed in harmony.”
Dr Faisal Suliman, chairperson of the South African Muslim Network, said this was an important judgment which sent a clear message that everyone had rights and responsibilities in terms of what they said and did.
“To ascribe the entire episode of July 2021 of rioting, looting, destruction of property, and very sadly and tragically, the loss of life to the fault of Indians, is a gross misrepresentation of what happened; almost scape-goating Indians,” said Suliman.
“Clearly, where people were wrong,
on whichever side of the fence, the law must take its course, and those guilty of violence must be prosecuted. Given our general history and legacy of apartheid, the level of youth unemployment, the frustration among people, the lack of services, the lack of democratic dividend, and the tense environment that surrounded the entire July 2021 circumstance, the incendiary comments by Mr Mngwengwe inciting violence towards Indians were irresponsible.
“It was very much akin to pouring petrol on an already burning house. It could easily have led to an increase in violence and loss of life. We think it is an important judgment and it must set a precedent for all of us to exercise
restraint, caution and better judgement in what we say and what we do.”
Dr Rajendran Govender, a social cohesion advocate, said: “I commend the judgment against Khela Mngwengwe for his hate speech.
“Such incidents not only perpetuate division but also undermine our efforts towards nation-building.
“It's imperative for individuals to recognise the impact of their words and actions on others, and to foster empathy and understanding across all communities.
“My advice to others is to think critically before sharing any content on social media, ensuring that it promotes unity and respects the dignity for “inciting violence” relating to his speech at a MKP rally, where he said “this country will be turned into civil war the day that the MK is not allowed to campaign and to be on the ballot paper”.
The case was postponed last week and transferred from the Chatsworth