The ANC has instituted applications in the Equality Court against Democratic Alliance (DA) public representatives, Dianne Kohler Barnard and Chris Roberts, and former DA member, Penny Sparrow.
ANC Secretary General, Gwede Mantashe, said the ANC, as the ruling party, has a moral and legal duty to demonstrate leadership and the responsibility to prevent racial conflict and warfare. The applications are being brought primarily to restore the dignity of the African, Coloured and Indian majority and to defend our Constitution.
On Tuesday the ANC lodged an application in the Western Cape High Court against DA Member in the National Assembly, Dianne Kohler Barnard, for an order declaring that the Facebook post of Paul Kirk, shared by Dianne Kohler Barnard in September last year, is racist and constitutes hate speech and unfair discrimination as defined in the Promotion of Equality and Prevention of Unfair Discrimination Act.
In his Founding Affidavit, Mantashe said that Kohler Barnard`s call for the return of PW Botha is to call for the return of oppression, repression, detention, torture, maiming and killing of countless African, Indian and Coloured people. In fact, it is a call for the return of the hated system of apartheid itself.
The ANC also seeks an order declaring that the conduct of Kohler Barnard denied the members and supporters of the ANC and well as the millions of Africans, Coloureds and Indians their inherent dignity and the constitutional right to have their dignity respected and protected. The Court is also called upon to declare that freedom of expression does not extend to racist utterances and hate speech.
The ANC wants Kohler Barnard to pay R500 000,00 to an organisation which promotes non-racialism, tolerance and reconciliation in South Africa and calls on the Director of Public Prosecutions to institute criminal action against her. In the Port Elizabeth High Court, the ANC applied for the same relief against DA Councillor in the Nelson Mandela Bay Metropolitan Municipality, Chris Roberts, for calling fellow Councillor, Mongameli Bobani, a “Bobbejaan” during debate in the Council Chamber on 30 July last year.
This morning the ANC instituted an application against Penny Sparrow in the Scottburgh Magistrates Court in Kwa Zulu Natal for her utterances that Blacks are monkeys to be declared hate speech and for her to pay compensation of R200 000,00 and to be prosecuted as a criminal.
On Tuesday the ANC instituted an application against Velaphi Khumalo in the Roodepoort Magistrates Court for hate speech and unfair discrimination for calling for South Africa to be cleansed of all whites as Hitler did to the Jews.
Mr Mantashe said that the ANC has many white and Jewish members and the organisation has a duty to protect its members and keep the focus on building a non-racial society. Hitler subjected Jews to the most inhumane forms of human rights violations, identical to what Africans, Coloured and Indians were subjected to in South Africa under PW Botha and Hendrik Verwoerd.