The Broadcasting Complaints Commission today delivered judgment in the matter of the 'Amandiya' song , finding amongst other things that the song constituted hate speech as well as a violation of the rights of human dignity and equality. The Commission significantly also found that the playing of the song in the context of a current affairs discussion was permissible and not in violation of the Code of the BCCSA. The judgment is significant in that in the current climate of contested speech , it clarifies the parameters of freedom of expression and it's limitations in a constitutional democracy that is founded on the values of equality and human dignity. The judgment also clears the way for the song to be aired and debated in a proper context, something many have urged is necessary.

There has been considerable debate around this issue in our country for the past few weeks and today's decision represents closure of one aspect of that debate - the song. The time to move beyond the song has arrived. What is evident is that the social debate around race relations around economic exclusion and around the many other issues that the song does raise needs to continue and continue in an environment that is both open and honest but also constructive and forward looking.

The Commission has noted with interest the stated intention of Mr Ngema following his meeting with Mr Mandela to embark on a process of debate and discourse with others around the problems and barriers that exist in the path of true reconciliation and nation building. We fully endorse such an approach and reiterate our willingness to participate in those processes.

ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION
For Further Information , please contact
Deputy Chairperson Jody Kollapen
[011] 484 8300 Cell 0832653611

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