Hate speech stopped

2015-11-04 10:02
Phumlani Mfeka

Phumlani Mfeka (File)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Pietermaritzburg - A judge confirmed an interdict stopping a member of the Mazibuye African Forum, Phumlani Mfeka, from spreading hate speech and inciting violence, particularly against the Indian community in KwaZulu-Natal.

The court order interdicts businessman Mfeka from inciting or advocating hatred against or discrimination against members of the Indian community, or “any community in KZN”.

It also restrains Mfeka from making statements that may incite racial violence, and orders him to refrain from making such statements “orally or in writing or by means of electronic media”.

The court ordered Mfeka to remove any such remarks from electronic media, including text messages, Twitter, WhatsApp or on Facebook.

Judge Kobus Booyens confirmed the interdict against Mfeka despite the sheriff having been unable to find him to serve the original urgent interdict on him. He did so after advocate Piet Bezuidenhout handed up an e-mail sent to Mfeka by attorneys acting on behalf of the two MECs who obtained the interdict against Mfeka, which showed that the businessman had replied to the mail.

The e-mail advised Mfeka of the urgent interdict granted against him on October 17, prohiting him from “making or publishing racist utterances”.

Mfeka responded, “It is a right bestowed upon me by nature to die, on this I require permission from no one it is my blood that must spill so that my people can be free and free absolutely.”

He did not oppose Wednesday's court application.

The urgent interdict was obtained by Transport, Community Safety and Liason MEC Willies Mchunu, and Human Settlements and Public Works MEC Ravi Pillay in the wake of an SMS sent to Pillay by Mfeka.

Mchunu said in an affidavit that he and Pillay were attending a KZN provincial executive committee meeting when Pillay checked his phone just before lunch and saw a message from Mfeka.

Mchunu described the anti-Indian message as “militant” and said it was brought to the attention of the premier. It was resolved at the meeting to apply for an urgent interdict against Mfeka.

“His conduct is regarded in a very serious light by the executive council as it is an incitement to violence and could well result in instability in the province, and specifically lead to violence against persons of Indian descent,” said Mchunu.

He said previous derogatory remarks made by Mfeka and members of the Mazibuye African Forum against Indian people were not as militant as the contents of his text message to Pillay.

He said Mfeka had expressed anti-Indian sentiments in a column in City Press in 2013. The Ahmed Kathrada Foundation has also supported an application by the SA Human Rights Commission against racist comments by the forum and two of its members, including Mfeka.

Mchunu said Mfeka’s latest utterances amounted to a criminal offence and steps in that regard would be taken against him.

The matter would also be referred to the Human Rights Commission.

However, this would take time, and it was necessary to first obtain a court order to protect the citizens of KZN.

Read more on:    pietermaritzburg  |  hate speech  |  court

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

Inside News24

Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.