There has been considerable public reaction and debate to the song 'AmaNdiya' released as part of an album by Mbongeni Ngema . The Human Rights Commission has in addition received complaints with regard to the lyrics of the song in question. In considering this matter it is important to recognise that freedom of expression, including freedom of artistic creativity, are enshrined in our Constitution. This right however does not extend to advocacy of hatred based on race, ethnicity, religion or gender.

At the same time our young democracy is grappling to deal with the challenge of nation building and in this regard the relationships that exist between the various races, ethnic groups and nationalities in our country, how people see and identify themselves and how we collectively contribute to a better society are all critical matters for social debate. These are matters we must be able to deal with openly and robustly.

The problem with Mr Ngema's song is that it consists of sweeping generalisations, contains harmful stereotypes of Indian people and has the potential to polarise rather than bring together people in social dialogue that is so necessary. While the Commission has noted that his stated intention was to promote and encourage dialogue on an important social matter, we have also noted that nowhere in the lyrics of the song is such a call made.

After having considered the matter the Commission has decided to formally present as complainant, a complaint to the Broadcasting Complaints Commission. In the interim the Commission appeals to all South Africans to continue with the important task of nation building, to critically discuss and debate matters around race and identity, but to do so in a manner that contributes to our unity as a nation rather than in a way that divides us.

Issued by: Jody Kollapen, Deputy Chairperson
South African Human Rights Commission
29 May 2002
Telephone: 011 484 8300

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