The South African Human Rights Commission, hereinafter referred to as the Commission, received a complaint from Ms Mxakato Diseko.The complaint relates to some remarks allegedly made by Mr. Tony Leon, the leader of the Democratic Alliance. The complainant alleges that Mr. Leon uttered the statements at issue here while addressing an audience in connection with 2004 national elections. Mr Leon is reported to have uttered a statement to the effect that Finance Minister, Trevor Manuel who is of coloured race, would never amount to anything more than what he is in the ANC.Mr Leon’s' audience consisted mainly of coloured people.

Snippets of Mr. Leon’s' address to the audience were broadcasted live during news slots on various national television channels. The complainant alleges that Mr. Leon’s' utterances constituted hate speech in violation of Sec 16(2)(c) of the Constitution.

FINDINGS OF FACT

1.Sometime before the 2004 National Elections, the Democratic Alliance, a political party, organised a rally to canvass for votes. The rally comprised mainly of coloured people.

2.Mr. Tony Leon, a leader of the Democratic Alliance, addressed the rally.

3.Mr Leon's; speech was broadcasted live during the news slots on various television channels.

4.On or about 20 July 2004,the commission purchased a video clip of the news broadcast from the South African Broadcasting Corporation(SABC). On 21 July 2004 members of the Legal Department viewed the tape.

5.The video clip begins with the reporter saying that the Democratic Alliance was campaigning in the Western Cape and that Tony Leon addressed a rally in Cape Town where Mr. Leon made the following statement:" People accuse the government of side-lining the so called coloured people" The reporter went on to say that Mr. Leon then singled out Finance Minister Trevor Manuel for additional remarks. In these additional remarks, Mr. Leon said the following:" why is his name not mentioned as the next deputy-president or even president of the country, some people say that it is only because he is a so-called coloured I hope that it is not the case"

CONCLUSION AND DISCUSSION

The complainant in this matter alleges that the utterances made by Mr. Leon at a political rally constituted hate speech in violation of Sec 16(2) of the Constitution. In order to secure a favourable decision from the Commission, the complainant must establish that the utterances made by Mr. Leon constitute, (1) advocacy of hatred, (2) based on race, ethnicity, gender or religion, (3) that constitute incitement to cause harm. When the relevant portions of Mr. Leon’s speech are examined in their entirety, it is evident that there was no advocacy of hatred in the speech. Mr. Leon did not suggest in anyway that certain people or segments of the population be subjected to hatred. Because the Commission finds that there was no advocacy of hatred in the speech at issue here, the complaint must fail. The complaint must be dismissed for other reasons as well.

To prevail in this matter, the complainant must also establish that the utterances of the respondent constituted incitement to cause harm. This the complainant failed to do and the complaint must be dismissed. Mr. Leon expressed opinions of some people with respect to Minister Manuel and the fact that he is a coloured person. Mr. Leon went on to express a hope that these opinions were not true. The Commission concludes that this standing alone is not an incitement to cause harm.

It can also be mentioned that the expressions of Mr. Leon are probable protected by Sec.16(1)(b) of the Constitution. This Section provides in pertinent part, that: "Everyone has the right to freedom of expression, which includes-(b) freedom  to receive or impart information or ideas”. Whether Mr. Leon's utterances are protected by this section is now a moot point in as much as the Commission makes a finding that the utterances do not constitute hate speech as contemplated in Sec.16(2)(c) of the Constitution.

Consequently, the complaint filed by Ms Diseko must fail.

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