Some ANC bigwigs are in dire need of serious lessons in understanding the finer points of our Constitution. God knows, they really need them. Lesson number one is about freedom of expression (article 16) and freedom of assembly (article 17), both rights enshrined in our Bill of Rights.
So listen up, comrades. Please, I ask nicely. Concentrate. Try to empty your minds (if any) of all the revolutionary rhetoric, of the thoughts of Mercedes Benzes and fat government contracts, of the burning effigies of Thabo Mbeki, of the words and wisdom of comrade Kortbroek Malema, and try to learn something new for a change. (Julius, I know you never really concentrated during your schooling years and never learnt much, but it is never too late to learn something useful, so listen up as well.)
Today’s lesson is necessitated by the hilarious comments made by comrades Jessie Duarte and Gwede Mantashe. Duarte is quoted in The Cape Argus yesterday as saying that the ANC could not be accused of political intolerance because it was opposition parties like Cope who used “inflammatory language” against the ANC. These people had persistently been “very verbal” against the ANC. Ms Duarte furthermore said (with a straight face, I kid you not) that shouting slogans and burning ANC T-shirts and posters at Cope meetings was “not acceptable”.
Comrade Matashe went a step further, saying that the ANC could not be blamed because its supporters disrupted seven of Cope’s meetings because “when Cope sent text messages to ANC members and supporters inviting them, our members attended the meeting. When they [ANC supporters] don’t like the Cope message, Cope must not blame the ANC”.
Where to start? Well, section 16 of the South African Constitution is perhaps a good place. Section 16 guarantees for everyone (and by everyone, comrades, I mean also non-ANC members and even people who think Jacob Zuma is a right-wing, sexist, crook) the right to freedom of expression, which includes the right to receive and impart information. This right is not absolute and does not extend to incitement of immanent violence or hate speech (comrade Malema, are you still concentrating?). It DOES extend to vigorous criticism of other people and any organisation — even an organisation like the ANC whose Dear Leader thinks God has anointed him to rule South Africa until Jesus comes.
Expression also includes non-verbal kinds of expression, such as holding up of placards or the burning of placards or even T-shirts. That is why, comrade Duarte, Jacob Zuma’s supporters were not arrested or disciplined after they burnt T-shirts, imprinted with the face of then president Thabo Mbeki, outside the courtroom where your Dear Leader made one of his many court appearances before giving his little Foxtrot show outside the court.
So, dear comrade Jessie, when you say that the burning of ANC T-shirts and posters and the shouting of slogans are not acceptable, you are saying that it was unacceptable to criticise the ANC and that the right to freedom of expression enshrined in the Constitution should not apply to those who dare to criticise your God-like organisation. But the ANC is not God — it is just another political party whose members and leaders have their grubby little fingers in the public purse (and sometimes up the skirts of South Africa’s women).
This might come as a surprise to you, but we all have the right to shout as many slogans as we want and we can denounce the ANC in robust and colourful language — as long as we do not incite violence against our opponents. Of course, shouting nasty slogans might not be politically astute because voters might be put off by nasty and ignorant comments (Julius, you still there?), but as long as comments do not create the climate in which your supporters think it acceptable to break up meetings and attack opponents, the speech can be highly robust.
What you are saying, comrade Jessie, is that criticism of the ANC should be censored because the ANC is really above criticism and its supporters have the right not to hear any criticism of their party. This is deeply undemocratic and, quite frankly, shockingly close to facism. It’s a disappointment that such ignorant and dangerous comments are coming from the spokesperson of a party who has fought for and still claims to believe in democracy.
You are undermining respect for the Bill of Rights and you are really telling your supporters that they need not respect the human rights of others. Every South African has the right to burn ANC posters, ANC membership cards, and ANC T-shirts, to express their disgust with your organisation and its patriarchal, sexist, right-wing leader. South Africans even have a right to shout slogans making fun of the ANC and its leaders and may even ridicule your Dear Leader by, for example, asking whether he needs glasses or is suffering from Alzheimer, because he can never seem to find that bloody Umshini Wam of his. (Look into your pants Comrade Leader; maybe you have hidden it down there somewhere.)
ANC members conversely have the right to burn T-shirts with the face of Thabo Mbeki on it as well. They can also shout slogans against Cope or the DA, against Helen Silly and Slippery Sam. They have every right to say the leaders of the opposition parties are opportunist in search of positions and government contracts; that they are not to be trusted; that they will sell out the poor. This, comrades, is called freedom of expression in a constitutional democracy. You should try it some time. It’s fun.
(None of us, I must hasten to add — because I fear you might get carried away with this burning thing — have the right to burn other people or their belongings, so don’t even think about encouraging your members to do that. Oh yes, and burning T-shirts with the faces of the judges of the Constitutional Court on them would also be going too far.)
Turning now to dear comrade Mantashe: it is with sadness that I have to remind you that article 17 of our Bill of Rights states that everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket. This means — let me spell it out for you dear comrade Mantashe — that no one (not even ANC members who think they are more important than the Constitution) has the right to stop other groups from assembling and holding meetings where they can freely express their views, just because the ANC members do not like what someone is saying.
Our Constitution requires us to be tolerant of other people and their ideas and never to take action to prevent them from gathering and from expressing their ideas — even if these ideas are not popular or not well liked. So for you to say that the ANC cannot be blamed when their supporters disrupt Cope meetings because Cope said things the ANC members did not like, you are admitting that you believe ANC members do not have to respect the constitutional rights of others and have a right to stop others from criticising the ANC. This places the ANC above the Constitution, which is something the Nazi’s also did – it’s called facism.
Comrade Matashe, then you have the bloody gall to say that Cope is to blame because they said things the ANC members did not like. This is called blaming the victim. It is a bit like blaming a woman for her own rape because she was wearing a short skirt. (Come to think of it, your Dear Leader did say during his rape trial that a women wearing a Kanga deserved what she got, so maybe my example is not going to help too much to help you understand my point.)
So, dear comrades, please. I beg you. I beseech you. Take a deep breath. Open up your constitutions and read sections 16 and 17 again. Make sure you understand that we live in a constitutional democracy in which we can shout slogans and burn T-shirts and criticise each other and where no one has the right to stop us from doing that just because they do not like hearing the truth. Make sure to understand that we do not live in a fascist state where the party is more important than people and their rights.
The ANC is not above the law or the Constitution — even though your Dear Leader has said as much. We all fought for our Constitution and for our democracy. Why are you then trying to defend the indefensible? Have you no shame? Soos ons in Afrikaans se: Sies!
Excellent article. The ANC need to remember that they are merely a political party. They are NOT South Africa, they do not speak for ALL South Africans, and they are going to get the shock of their lives at the next election.
Of course the ANC does not value the constitution and have considered themselves above it. With their 2/3 majority they have been able to change it whenever they wanted – and have done so 11 times, with 2 more in the pipeline. Do you mind explaining if any of those changes were necessary?
And who is ANC spokesperson these days- Jessie Durante or Carl Niehaus?
Thank you, Pierre, for the irony as well as the instruction in Democracy 101: A Primer for Authoritarians, Megalomaniacs, and All Those Who Believe in the Infallibility of the ANC.
I suspect most of your target audience won’t read it–or can’t read well enough to comprehend it–but it’s a message that cannot possibly be repeated too often as a reminder to the profoundy anti-democratic that the Constitution is the foundation of this country–not the ANC.
Bravo!
Just how independent is the IEC?
not a word from Brigala & co either on the bad behaviour of ANC thugs at Cope meetings.
COPE should put a flashing blue light in the centre of its logo- just to let the ANC politios know in a language that thet they clearly understand that it is time to get out of the way for more competent people to take charge.
Sorry Prof
You’re way off the mark…I thought you were an independent constitutional expert BUT I’ve got to admit I’m yet again wrong…your political alignment has overwhelmed any positive points you wish to explain to your readers..
I think you need to be reminded of the following….Where do should I start?? Okay let’s retrace your steps a bit , Prof
1. Remember, few months ago, you came out blazing, full of apologies and Zille praises. Apparently, you had put your foot in the mouth about Zille, and you realised that you were wrong and you later issued an apology (a full post in this Platform). If you can go back to that post, you’ll see that I’ve asked “how frequent do you issue apologies to the parties” (other than your ever 12% DA party), and someone defended you, I let it go.
2. Remember, you had earlier called all CT newspapers & local radio stations to listen (to you) while spewing a predetermined twaddle about Zuma’s case, at the eve of Judge Nicholson’s verdict…and AGAIN, you got it wrong…You then maintained a thunderous silence after that….Not a Blog, not an article issuing apology (as you vividly did with Zille)…I’m still waiting Prof for the APOLOGY…don’t come with a long explanation and side-steps..Your readers just need apology (a full post).
3. Now, yet again, you’re steamily coming out to bash ANC/its leaders for ‘not understanding’ your constitution ,and as an alternative, you’ve offered them (ANC) with skewed lectures…Sir (Oops! Prof) I thought you were supposed to offer such tuts to all parties…and by the way, stop grilling and calling its leaders with …if you’re serious about enlightening anyone with the constitution, then I suggest you stop in scripting some sort of comic posts…While you still at it, please educate Lekota (apparently his mind is in in dire need of this information) because he’s still going up & down spewing rubbish about the merit of Mbeki’s dismal…He’s saying ANC overlooked the constitution…his eventful mind doesn’t if see what is right and what is wrong…Please grill him with your tuts.
4. You also need to apologize for punching a big hole in the ANC brand….Surely, a person of your esteem cannot just come out and display partiality more specially when your voice is seriously considered as a “way to go” by a lot of poppycock newspapers (who’re also showing a disgusting stance against ANC, opposing & painting it as a nasty animal whichto needs be deserted by all citizens)…I advice you to be cautious with your language & biased analysis….
In Fairness I believe…
To hell with any constitution with a 2/3 majority. It appears the voter wakes up to the desperate urge to COPE before the republic goes bananas on the revolutionary gravy-train. We need a skilled head of state, no a popular clown.
The Charter that many thousands died, for is a piece of paper, with no more value.
It will not solve the reality of 2009 onwards. Freedom to die will be guaranteed
74 % will vote ANC again. “Social Grants are to be promised” at door to door visiting by MP’s.
The grown man in Nappies has said he will NOT be silenced.
Reality:
Eskom is in trouble, our water is poisonous. Scientist suspended for speaking up.
BTW: Stock up on chlorine and bottled water while you can.
(Pierre jy is nou in gevaar van suspension. Begin pak.)
Every second thousands of sick people cross under cut fences.
The doom and gloom predictor is the voice in the wilderness, while Freedom of Speech is our concern.
Karl Marx and Stalin will be our New Freedom Charter replacing a torn up Colonialist, Imperialist Charter.
Philosophy has yet to save mankind. It is only used as a placebo to domination.
Aha! Looks like you just made revelation.
Shame!
Ayeye, Prof, start motivating to Honarable Minister of Safety and Security why you would need body guards. Jrrrr, I just luv freedom of expression. I bet the after 8 debate tmrw would feature you as counter revolutionary.
The ANC will learn the hard way if doesn’t want to learn the sensible way. They know exactly what democracy is, yet they are playing political mind games, undermining the Sout African electorate. The election results in 2009 will teach them what democarcy is.
Hello, is it okay for an outsider to make an amateurish comment? I hope so, because democracy is about to allowing free spechees and expressions of thoughts.
I have followed and supported the black, colored and indians struggle through the apartheid era, this means I supported ANC during this time. Therefor it has been most interesting for me visiting South Africa after the deliberation. I have done so, 7 times, since 2002. From my visits I have gained extraodinary good friendships with some people of all races. Some of these people have become my best friends.
Anyway, I am deeply interested in democratic issues, from different perspectives. I must admit I have been most disapointed to find SA as such a devided country. The devisons of poor and rich are enormous and there is no reason at all to accept it. From this perspective the ANC-government has failed. Of course the crime rate and the violent kind of crime also are something really to consider. But, when coming to democracy, there is my most concerns to find. Democracy are, from my point of view, to listen to the people, and in a representative democracy as SA, the peoples voices are heard as best in the elections. Because of this there must be a great respect for peoples initiative to create new political parties and to give voice of their ideas. This can never be hindered by threats or violence. ANC should be happy that a new political party, COPE, is coming up. It is a sign that the democracy works, and political enemies shall be met by vocal debates. Debates containing fact about political issues and political approached according to what the parties wants to achieve. So the new party COPE brings hope to my mind about a more vital democracy and better debates about what to do about the unforgiveable skew distribution of wealth and health in South Africa.
I apologise for my poor Enlish
A relly good, thought provoking and funny article. The ANC things they are all above the law because they did a few cowrdly bomb attacks irrispective if their own supporters got killed (But now they hero’s ??) QUESTION ??
Here we had the TRC for crimes commited (Great it needed to be done as that was totally animal behaviour) BUT in 1994 a group of ex MK etc came back and wanted an ANC, PAC etc TRC for crimes comitted against thought they were joinng honerable organisations but were persicuted, murdered, tortured, the question is, is it not amazing how after 1 TV interview the subject and subjects dissapeared from the media. OH BEFORE I CONTINE (for the youth and the un informed) between the ANC, PAC, SWAPO, ZANUPF, ZIPRA, oh hell need I carry on) the amount of attrocities commited by these groups is astounding (ie held in holes in the ground in all weather and funny spoke to one who was even viewed in the ground by a very very very prominent ANC official (deceased) one of the so clled leaders !!, yes I admit attrocities were commited by SA but the so called freedom fighters, I think they took the cake but that will never be reported.
The point I am trying to make is that now the true colours of the ANC are starting to show, murder, myhem, fool still looking for hs machine gun and his shower, a baby fool who thinks he has brains (GOD forbid he ever gets near parliment) I think education level -R ie 2 before grade 1. Look in Port Elizabeth they have re activted the bunch of murders/thieves (young activists) to try intimidate the oposition ie COPE (that is the only way that the ANC thinks (you dont agree you fair game to be killed and not feel or fear being found guilty, the ANC Government will give yo amnesty) around the country, wherever there COPE meeting ANC Thugs try and break up. (That is all they are THGS + THEIVES).
Take a look at the Western Cape where the DA are, more has been done there in 1 year than in 14 years of ANC rule countrywide. makes one think does it not??
I cn almost assure you that if the DA had win countrywide the SO CALLED PROMISES OF THE ANC in 1994, Houses etc “which have still to be delivered” would be achieved and crime would come down.
OH last POINT.
Who on GODs green earth said a CRIMINAL in JAIL had any rights to VOTE ( they comitted the crime, murder, rape, theft etc) so they purposfully took that persons rights away, they need to be treated as the animals they are, like in China (Oh yes the ANC big buddies with zero human rights)Indonesia Rhodesia (Zimbabwe, South West Africa (Namiba) sorry I still know as SWA as what is the ruling party name (SOUTH WEST AFRICA PEOPLES ORGANSATION) . I believe the only reaon they got the right to vote is to bolster tha ANC as “Hey I support ANC I may get amnesty” THESE thugs need to loose all rights Votes, only government hospitalsnot private hospitals (They get better care than the average person in SA (the so called people the ANC are so worried to make a better life for) etc until they are released from prison, the best these buggers deserve is bread and water, no TV no luxuries, it is better for them inside that out.
If there were 1 party that persued this avenue (With hard labour so they learn it is notfun in jail) I would VOTE for them in a flash. these useless individuals could be used to fast track RDP houses etc, but we must be careful, just now Shabier and JZ have to do hard labour, oh dear how embaressing
Pierre
Are not section 9 institutions formed to protect democratic rights in terms of the constitution? Is not one of those institutions the Broadcasting Complaints Commission?
I think there is a strong case for a complaint to them about today’s reporting on this latest survey as “support for the ANC has increased to 74% from 69% in the 2004 elections”.
Even the survey’s own stats do NOT show that, but that 74% of DECIDED voters will vote ANC. Undecided voters are 39%, which means decided voters are 61%. 74% of 61% is NOT more than 69%. There are a lot of other wild guesses in this survey as well.
Surveys are not done for free – someone pays for them. I do believe it should be media rules that the payee be disclosed.
Bravo????? And its is Mrs Helin Brille to you. Thank you Pierre….But only GOD is the TRUTH and The Way
Siphiwo, you should read more and get out more. First, see my post in which I apologised to no one less than Dear Leader Zuma himself (http://www.thoughtleader.co.za/pierredevos/2007/12/10/1044/). In any case, please read the “apology” to Zille again and note it is rather conditional. I know this point is a bit subtle for a party hack to follow, but try. Second, I note that you have not in any way engaged with the arguments I put forward on why the ANC is undermining respect for freedom of expression and assembly. Instead you launch ad hominem attacks, so I assume you agree with my analysis but – good ANC member that you are – believe I have no right to criticise the ANC. So, you are really only proving my point, no? Third, The Nicholson judgment is being appealed and the SCA might well come to a different conclusion from Nicholson, who, I believe, got it spectacularly wrong on the law (and perhaps also on the facts). So no apology is coming from me for that. Wait for the SCA judgment and then we can talk again! Lastly, being a commentator means one must tell things like one sees them without fear, favour or prejudice. But you want me never to criticise the ANC – even when I strongly think they said and did very stupid things. That would make me a very bad commentator and if everyone agreed to your belief we would be living in a facist state, which would not be a very good thing. Sorry for upsetting you, but I can only say what I believe, based on reason, logic, the text of the Constitution and the many Constitutional Court decisions I have read. I do not peddle in religious-like beliefs in politicians or political parties – even if that party is the God-like ANC. (I will leave that to the party hacks like yourself.) This is called independent thinking. Try it some time. Its quite liberating and good for the soul.
Old, female, paleface
Last election 69% of those who voted voted ANC and 47% DID NOT VOTE! The present poll (where 49% were undecided and 61% decided, and which was done in October before the Congress meeting) shows ANC as having 74% of 69%, NOT 74%.
Klas-goran
The ANC did not fail. They set up the whites as “the enemies” to take the fall for everything that went wrong. Hitler used that same nasty trick on the Germans, and Mugabe did the same in Zimbabwe.
pierre
“Instead you launch ad hominem attacks, so I assume you agree with my analysis but – good ANC member that you are – believe I have no right to criticise the ANC.”
Ad hominen attacks ? That, I’m sorry to say, sounds a bit rich coming from a man who refers to Jacob Zuma as a “sexist pig”.
Criticism ? – by all means. But an educated man and a professor to boot who sounds even more boorish and even less articulate than Julius Malema ? nah. God save our nation from our “thought leaders”.
Dear Lyndall Beddy
Thanks for responding my comment. Well, I am not sure the answer and explanation is so simple and still, how come there are such enormous lack of equiality? I have met white people pretending they don´t know about the circustances for black rurals schools just 50 km away from their own well equipped school……What have ANC done to distribute the welth in SA??
Siphiwo where are you?
Pierre’s responded in case you hadn’t noticed!
Now, where’s your apology?
Em Kay
I’m not convinced with his explanation. For example, he’s referring me to the old post (Nov last year) whilst he just uttered unbecoming statements in this September (2008…Why should I then apologize..
And, I’m not against his independent thinking BUT I’m not in favour of his partisan stance, he’s doing exactly what Barney Pityana (a head of one of the biggest, multi-racial, multi-cultural, and multi-political party institution) publicly siding with one disillusioned political party…People of Prof De Vos’s esteem should be cautious with their words when expressing themselves in public forums because they’re leading educational institutions and most people in the country (including myself) look up on them, so when they start spewing rubbish about a certain political party or its leaders, and begin to praise its counter-part/s, that’s where we jump in and seek apologies and condemn them…