Legal eagles swoop on Basson for ‘colonial racist’ remarks

News24 editor-in-chief Adriaan Basson at the Zondo Commission. Picture: Karen Sandison/African News Agency (ANA)

News24 editor-in-chief Adriaan Basson at the Zondo Commission. Picture: Karen Sandison/African News Agency (ANA)

Published Feb 10, 2022

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DURBAN - Some of the country’s leading legal eagles have hit back at News24 editor-in-chief Adriaan Basson, accusing him of having a superiority complex and treating Africans as “sub-humans”.

In a joint statement, the 20 prominent lawyers accused Basson of launching scathing attacks on Judicial Service Commission (JSC) spokesperson, advocate Dali Mpofu, which are rooted in “colonial racist heritage” and “embedded journalism”.

This came after Basson wrote an article in which he tore into Mpofu and EFF leader Julius Malema, labelling the senior counsel as someone with “thuggish behaviour, scoundrel, immoral and a nincompoop”.

At the heart of Basson’s anger was Malema and Mpofu’s performance during the JSC interviews where they grilled Deputy Chief Justice Raymond Zondo and Gauteng Judge President Dunstan Mlambo, who are believed to be his preferred candidates.

The JSC subsequently recommended Supreme Court of Appeal President Mandisa Maya for the judiciary’s top job.

In a joint statement, the legal practitioners said: “No white legal practitioner, no matter what crook or rapist they represent, has ever been attacked or insulted by the likes of Adriaan Basson and his ilk. They reserve their attacks for African professionals because they arrogate to themselves the role superior to Africans, whom they see as sub-human.”

They included advocates Muzi Sikhakhane SC, Dumisa Ntsebeza SC, Fana Nalane SC, Thabani Masuku SC, Elizabeth Baloyi-Mere SC, Mahlape Sello SC, Nomgcobo Jiba, Mbetana Malobola, Menzi Simelane, Nqaba Buthelezi, Nkomotana Simelane, Nkomotane Motsepe, Mpati Qofa, Mpilo Sikhakhane, Skhumbuzo Nhantsi, Bright Shabalala, Ndumiso Xulu, Mxolisi Zondo, Xoliswa Sibeko, Tiny Sebeko and Lwazi Mtshizo.

They maintained Basson’s article was “irresponsible” and meant to hurt Mpofu for performing his JSC duties.

South Africa’s top legal gurus have called on Adriaan Basson, News 24, and all the NGOs of super democrats and certain sections of the media to be more responsible in their natural instinct to dislike African people like Advocate Dali Mpofu. Picture: Bongani Shilubane/ANA

“We note the undertones in his attack and find it an outrage that, in his desire to differ with Mpofu SC, he resorts to gratuitous insults and slurs, whose roots are the colonial racist heritage and whose motives were to plunder, to exploit, to maim, to control and to colonise.

“He naturally sees Mpofu the same way the colonial forefathers viewed an African person: an immoral, depraved and irrational being, whose race is so inferior it deserves the master’s sharp tongue and reprimand.”

The advocates acknowledged Basson’s right to differ with Mpofu SC. However, they took exception to his “condescending” attitude and insults.

“Regrettably, Basson employs the old condescending device by white power when insulting us. In the hope that they, like some, crave white approval, he draws a line between Mpofu on the one hand and the likes of Semenya, Ntsebeza and Mtshaulana on the other.

“We may be dealing with embedded journalism, which means we may be dealing with journalists who are actually embedded with interests that have always sought to direct South Africa towards a neo-liberal reality,” read the statement.

Approached for comment, Mpofu said he would be considering legal action against Basson and News 24, adding he was “shocked to see the vitriolic personal insults” hurled at him in the “bane of journalism”.

He said he had given Basson and the media organisation until noon on Monday to take down the column, which fell on deaf ears.

“I am highly offended by the insults and I am more offended by the double standards of these self-appointed and racist moral police. The same people who were so highly vociferous when Minister Lindiwe Sisulu allegedly crossed the line between criticism and insult are now dead silent because the victim is somebody they hate. It has obviously been triggered by the chest pains of not having their way for once.”

Mpofu added that people who are not happy with the composition of the JSC “must campaign for an amendment of the Constitution, just like those of us who are not happy with the property clause. Insults will not change anything.”

Approached for comment, Basson said: “Yes, I saw the letter and I am not going to respond to it. I fully subscribe to Section 16 of the Constitution that safeguards freedom of speech. They are entitled to their opinion just as I am to mine. I will not apologise. If he took the legal route, I will defend my column.”

JSC spokesperson Doris Tshepe could not be reached for comment nor did she reply to texts sent to her.

One of the co-authors of the letter, Baloyi SC, said Basson as a journalist should have known better.

“We want to bring to the attention of the public that black professionals are being targeted. As a seasoned journalist, Basson should have known better. … This might have happened to anyone including me and so we must defend ourselves … We have had enough.”

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