By Andile Mngxitama
Let’s explain. There are more than 4 Conventions, UN Resolutions, Protocols and even South African law that declares apartheid a crime against humanity.
The problem is that there are no instruments in law to punish anyone denying that apartheid is a crime against humanity. Apartheid denialists are protected by the Constitution of South Africa (SA) under the Freedom of Expression clause.
I know this because Black First Land First (BLF) took Kalie Kriel, the leader of Afriforum, to the Equality Court in June 2019 for his claim that apartheid was not a crime against humanity. We asked the court, amongst other things, to declare that Kriel‘s utterance that “apartheid was not a crime against humanity” amounted to hate speech because it contravened section 10 of the Equality Act, as well as international law. On 29 October 2019 the court delivered its judgment in this case. It held that Afriforum had the freedom of speech to say that “apartheid was not a crime against humanity”.
Well do you know the same court has found that “land or death” is hate speech, right? Comrades, the De Klerk SA Constitution protects its author, one FW de Klerk, the mass murderer.
Andile Mngxitama is the President of Black First Land First (BLF), a radical black consciousness organization. You may read the full judgment in the following pdf attachment: BLF VS AFRIFORUM and KALLIE KRIEL EC JUDGMENT pdf