Weekly report

Focus of the week

Ngema should be engaged and not censored on his song Amandia

The African National Congress (ANC) and the South African Human Rights Commission have called for Mbongeni Ngema’s new song Amandia to be banned from the airwaves. According to both the ANC and the Human Right Commission, the lyrics amount to hate speech.

The lyrics state: Oh brother, Oh my fellow brother, we need strong and brave men to confront Indians. The situation is very difficult. Indians do not want to change, White was far better than Indians. Even Mandela has failed to change them.

Ngema’s song would offend particular sections of people who would then construe it as hate speech. However if particular statements or lyrics offend a particular group of people it does not mean that those statements should be censored.

According to the South African constitution, freedom of expression and artist freedom should be protected unless the statements or the artistic work incite imminent violence or advocate hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.

It is important for both the ANC and the Human Rights Commission to consider first whether Ngema’s lyrics constitute incitement of imminent violence or incitement to cause harm as provided by the constitution before they call for the song to be banned from the air waves.

Issues of racism in South Africa and in KwaZulu Natal in particular where the song is set are real and should be debated. A call to suppress the debate raised is not a solution. People who feel the message in Ngema’s lyrics is untrue and inappropriate should engage with Ngema and prove him wrong. It would be unfortunate for example for the ruling party and the Human Rights Commission to silence Ngema only to find later that the allegations Ngema makes are true and that human rights are abused on KwaZulu Natal.

Ngema is not the first to allege human right abuse in KwaZulu Natal by some Indian people. An editor at Ilanga newspaper in KwaZulu Natal was expelled from the newspaper after he expressed the same sentiments and it would be proper to start debating these issues. There is no doubt that the sentiments expressed by Ngema are shared by many in KwaZulu Natal.

It is also difficult to understand why the ANC and the Human Rights Commission have found it appropriate to intervene now. A music group Boom Shaka had a song Makwerekwere that attacked foreigners and another musician Senyaka also had a song Fong Kong accusing Chinese people of selling fake good to South Africans. While not calling for censorship of these musicians, it raises questions whether of political representation in the case of the Indian people has not come in the way of freedom of expression.

What is even more worrying is the fact that the ANC and the Human Rights Commission have called for radio station not to play the song on airwaves. Radio station staff should be the ones determining what their audience should listen to. It will be improper for politicians to decide for radio stations as politicians are not in the music business.

The argument raised by the ANC and the Human Rights Commission that the song does not contribute to nation building is not incorrect. Ngema is a social commentator who uses several artistic tools, from music to film and his commentary is respected by many. It is therefore important to debate his allegations. Nation building does not come through suppression of debate but through allowing sharply contrasting views and thoughts to find space in social dialogue.

The Diary

Student may be barred from school after violent protest

The Gauteng department of education this week applied for a court interdict to bar Congress of South Africa Students (Cosas) leaders from entering schools premises.

According to the Star newspaper of May 29, the Departments’ action follows a violent protest in Johannesburg, stage by Cosas. The protestors looted stocks from street vendors and smashed cars.

Minister received death for participation in Middle East debates. The Minister of Water Affairs and Forestry, Ronnie Kasrils, and his family alleges that they have been threatened with death.

According to the spokesperson for Ministry of Water Affairs and Forestry Babs Naidoo the minister and his family have been receiving death threats and the police are investigating the matter. Security has also been stepped up around him and his family.

Kasrils told a weekend newspaper that his public statements in support for the Palestinians’ right to self-determination seems to be the source of the problem. He added that he has been vilified and depicted as an anti-Semite and traitor to the Zionist cause.

Vice Chancellor threatens to sue newspaper

The new Vice Chancellor of University of South Africa (Unisa) and former Chairperson of the South African Human Rights Commission, Barney Pityana, who oversaw the hearings into racism in the media, has accused the Mail and Guardian newspaper of racism and is threatening to take the paper to court for defamation

The Mail and Guardian newspaper of May 24 reported that extravagant spending has wiped out hard-won financial gains at Unisa.

On Tuesday, May 28, Pityana denied the Mail&Guardian's claims that he was squandering university funds, saying the report was part of a racist campaign to discredit him and other black university leaders.

For further information contact: Freedom of Expression Institute Information and Communications Officer Scotch Tagwireyi Phone: 27 11 403 8403 Cell: 27 82 821 0756