Durban - A preliminary report on Zulu King Goodwill Zwelithini’s remarks that foreign nationals should pack their belongings and go back to their countries, has absolved the king of inciting violence against them.
But it found his remarks could be construed to be hurtful - he urged the authorities to expel foreigners - and violated the dignity of foreigners in South Africa.
A preliminary finding by the South African Human Rights Commission went against claims that his speech constituted a call to locals to take up arms or harm foreign nationals. It could not have been reasonably construed as inciting harm or violence against foreign nationals, the SAHRC said.
The remedial action is for the king to indicate to the commission within 30 days of the final report whether he agrees to apologise publicly and to submit to a private mediated settlement of the dispute, presided over by the commission.
READ THE FULL REPORT HERE
In the report, which the Daily News has seen, the commission found that the various translations and inferences published by a number of print and electronic media in English differed from what the king actually said in the verbatim, electronic recording as provided by sworn translation, and in the commission’s possession.
The hurtful utterances were a violation of the right to dignity as enshrined in Section 10 of the Bill of Rights, it said.
The commission was approached by the African Diaspora Forum, Lawyers for Human Rights and 29 individuals from within and outside South Africa to investigate the king after foreign nationals were attacked and displaced early this year.
The complainants sought a public apology from the king and a retraction of his statement.
They also wanted the commission to institute litigation against the king in the Equality Court. This was to determine if the king’s statements amounted to hate speech and then to and seek appropriate sanction in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act.
On March 15 King Zwelithini delivered the speech during a moral regeneration event to an audience of residents and subjects in Pongola.
The complainants alleged that the king’s statements were capable of inciting violence against foreign nationals which they did on the March 30, 2015 in Isipingo.
During the commission’s investigation to find a full recording of the king’s speech, a non-governmental organisation (NGO) whose identity was known to the commission made “unsolicited” contact with the commission and provided what it asserted to be a full audio-recording of the speech, a transcribed version in isiZulu and a sworn translated version into English.
The king’s adviser, Judge Jerome Ngwenya, said they have not received the report yet.
“Once we receive and study it, we will then give informed comments on the matter,” said Ngwenya.
Daily News
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