SAHRC spokesperson, Wisani Baloyi confirmed that it received several complaints pertaining to the tweet by Barlow.
THE SA Human Rights Commission (SAHRC) says it is assessing several complaints related to Nicole Barlow’s tweet, in which she said “we failed to do a Chris Hani on him”, in reference to Energy and Mineral Resources Minister Gwede Mantashe.
The tweet related to a story about how Mantashe had missed an event to sign a memorandum of understanding with European leaders, in relation to a just energy transition deal.
Mantashe reportedly attended a Cosatu meeting in Boksburg. He said his refusal to sign the memorandum had ruffled feathers, with some even calling for his “murder or killing”, but he would not be made to sign a document he did not understand.
Barlow maintained the comment was not racist nor inciting violence.
“That the general public was offended and that it would open up wounds – not yet healed – for the Hani family, was a completely unintended consequence of the comment, and for that, I apologise,” Barlow said in a statement.
The SACP, the party Hani was the leader of, said they did not take the utterances lightly, given what happened to Hani. Hani was murdered by Janusz Walus, in the driveway of his Boksburg home in 1993.
SACP spokesperson, Alex Mashilo, said: “The case was indeed opened (with police) in Johannesburg and I received the details. In addition, a complaint has been registered with the SA Human Rights Commission.”
SAHRC spokesperson, Wisani Baloyi, on Thursday confirmed that it received several complaints pertaining to the tweet by Barlow.
“The (SACP) complaint was received on June 26, 2023. Following assessment of the complaint, the Commission will make a determination on the action to be taken,” he said.
In terms of the legal framework to prosecute a charge of this nature, Donda Attorneys managing director, Melusi Xulu, explained: “To incite means to urge, stir up (person etc. to action, to do). This means that when you stir people up to commit violence, which is a crime. The Riotous Assemblies Act No. 17 of 1956 states how an incitement to public violence is committed. It says, ‘17. A person shall be deemed to have committed the common acts or conduct law offence of incitement to public violence if, in any place whatever, he has acted or conducted himself in such a manner, or has spoken or published such words, that it might reasonably be expected that the natural and probable consequences of his act, conduct, speech or publication would, under the circumstances, be the commission of public violence by members of the public generally or by persons in whose presence the act or conduct took place or to whom the speech or publication was addressed’.
“This addresses the crime of incitement to violence on social media as well, as it is a public platform that one uses to conduct himself or herself.
“An accused can state that he or she has the right to freedom of expression as stated in the Constitution. It must be stated in the Constitution, this right does not extend to incitement to commit violence.
“If you are active on social media it is important to be careful on how you behave on social media as it may put you in trouble with the law.”
Barlow said she would respond to the charges as she became aware of them.
Mantashe did not respond by deadline on Thursday, while national police spokesperson, Athlenda Mathe, said: “Police can confirm that a case of incitement to commit violence was opened and registered at the Springs police station in Gauteng. The case was opened and registered on 26 June 2023. The matter is currently under investigation.”
Cape Times
