Durban - An angry magistrate has flayed the Mazibuye African Forum for failing to appear in the Equality Court on Thursday to answer to accusations of anti-Indian hate speech.
The South African Human Rights Commission (SAHRC), the Ahmed Kathrada Foundation and attorney Kirith Haria had laid a complaint in the Durban Equality Court over provocative remarks by the forum.
These included claims that Indians had enslaved Africans, that Mahatma Gandhi was a racist, and a warning of “civil war” in KwaZulu-Natal.
The complaint was laid in 2014 after the comments were made by forum members, Zweli Sangweni and Lloyd Phumlani Mfeka.
In April, Sangweni and Mfeka had rejected Equality Court magistrate John Saunders’s proposal that the matter be decided on court papers alone, saying while they did not dispute the comments made, they wanted the matter to go to trial.
They had also indicated that they wanted to testify and the hearing was set down for Thursday and Friday.
However, Mlungisi Sabela withdrew as their attorney on Thursday, saying his numerous attempts to contact his client were in vain. They also failed to keep an appointment that had been set up with Sabela for consultation.
“We live in an age when it has never been easier to make contact, via one’s cellphone, social media or e-mail.
“That contact goes both ways and the fact that all his efforts to contact his clients were futile, speaks volumes,” said the magistrate.
“To say the court is displeased with the respondents’ conduct is an understatement,” Saunders said.
Advocate Karthy Govender, acting for the applicants, said they had complied with the order made by the court to provide a list of witnesses and to file further affidavits.
He also referred to correspondence with Sabela who eventually told him on Monday that he had no other option but to withdraw.
“The respondents have treated the process with disdain. (Mfeka) had sent a letter to court stating he had a traditional ceremony to attend and could not make it to court. These dates were agreed on by all parties (in April),” he said.
Govender felt his clients ought to ask for a default judgment, but said he was instead instructed to ask for an adjournment until February. He explained that the term of office of the commission’s board ended in September.
The new board may or may not decide to pursue this action, which was why he did not ask for the default judgment on Thursday.
“It appears they (the respondents) don’t believe in the justice of their case. Their actions portray that fact. If they did believe, they would not act in the manner that they are,” the magistrate said.
He agreed to adjourn the matter until February 27 and 28.
Examples of what was considered hate speech were cited in an affidavit by SAHRC’s chairman, Mabedle Mushwana.
There was a statement issued by Sangweni on behalf of the forum about the announced statue to commemorate the arrival of Indian indentured labourers to be erected near Durban Harbour.
“It is a monumental insult to leaders like Dr John Langalibalele Dube, Pixley Isaka Seme, iNkosi Bhambatha ka Mancinza and King Cetshwayo, to name a few leaders, who uncompromisingly defended the length and breadth of KwaZulu to commemorate the arrival of indentured labourers,” the statement read.
Mushwana said the Indian community was accused of being racist and accused Gandhi of being racist.
He said these remarks were racist and “calculated to bring South African Indians into contempt and ridicule”.
Another example cited were comments from a Mazibuye newsletter which Mushwana felt conveyed the message that “South African Indians had grown economically by deceit and stealth and by exploiting and subjugating African people, including their children”.
In the newsletter, Indian people were also described using the derogatory term “c*****”.
Daily News