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Journo body slammed over race
08/04/2008 12:09 - (SA)
Johannesburg - Barring journalists from joining the membership of the Forum for Black Journalists (FBJ) on the basis of race was unconstitutional, SA Human Rights Commission chairperson Jody Kollapen said on Tuesday.
He said the FBJ's argument to exclude white journalists did not pass the scrutiny of the Constitution.
"The policy of limiting the membership on the basis of race is unconstitutional," he said.
Should the forum amend its constitution to open its membership to anyone who subscribed to its principles, and was committed to the advancement and empowerment of black journalists, then it would have no problem with its gatherings being members only.
Talk Radio 702 and 94.7 Highveld Stereo's news editor Katie Katopodis welcomed the commission's ruling as a "major victory to eradicate exclusivity".
FBJ chairperson Abbey Makoe however said the forum rejected the findings.
'Judicial ambush'
Katopodis lodged the complaint with the SAHRC after the FBJ hosted a "blacks only" lunch with ANC president Jacob Zuma.
Said Katopodis: "We agree wholeheartedly... that until such time as the FBJ has duly revisited and amended such provisions so as to ensure that they are constitutionally valid, the FBJ should desist from excluding membership to its organisation on the sole basis of race."
Makoe said the commission's findings amounted to the first banning order of a black initiative and was a "judicial ambush".
He said he was loath to describe the public forum on racism held last month as an inquiry.
"If we had believed we were participating in a formal inquiry, with formal procedures of leading evidence, the right of cross examination and rebuttal, as well as legal representation, then we would have prepared heads of argument with legal advice, rather than a discussion document.
"By its ruling the HRC has found us guilty for being black; it has criminalised black people; it has found us guilty for exercising the initiative to solve the problems not of its making.
"The HRC is bastardising the ability of black people to confront their experiential exigencies."
He said the commission's understanding of racism was "dubious" since the primary focus of its concern was on the absence of white journalists in the black organisation.
'Collective black experience'
He said conscientious white people like Donald Woods, Benjamin Pogrund, Fr Alfred Stubbs and Dr Beyers Naude never questioned the revolutionary action of liberation icons like Steve Biko and Simangaliso Sobukwe.
"They offered their solidarity support without question that the struggling majority reserved the right to think, speak, organise and to act for themselves."
He said the FBJ would hold a convention of all black organisations that were likely to be affected by the banning order, as "collective black experience" had been put on trial.
SAHRC spokesperson Vincent Moaga said that while the findings were not legally binding, they could be used as a basis for a case in the Equality Court.
The commission also released its findings on a complaint lodged by Primedia's broadcasting group head of news and talk programming Yusuf Abramjee and talk show host Kieno Kammies. This after columnist Jon Qwelane referred to them as "coconuts" at the FBJ meeting.
Kollapen said the commission could not find any wrongdoing against Qwelane, but discouraged use of the word.
According to the Equality Act, the intention of the person making an utterance or statement must be considered. It required that the utterance should "reasonably be construed to demonstrate a clear intention to be hurtful; be harmful or incite harm; promote or propagate hatred".
Kollapen said the commission was not satisfied that Qwelane had intended to cause harm.
'Not guilty of hate speech'
Abramjee and Kammies welcomed the findings.
"We hope Qwelane will take heed of the commission's findings and recommendations," said Abramjee.
Kammies said he and Qwelane had met before the briefing got underway.
"We both agreed... to put our nonsense behind us and build a stronger industry," said Kammies.
Qwelane said: "I am very relieved that the commission found that I am not guilty of hate speech when I was talking about a tropical fruit.
"Kammies has offered to buy me a beer, and chairman, I am demanding that beer."
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