Kohler Barnard, Sparrow 'racist utterances' back in court
Dianne Kohler Barnard Dianne Kohler Barnard
DIANNE Kohler Barnard and Penny Sparrow are expected back in court next week in separate cases of “racist utterances” on social media.
The ANC hauled Sparrow and Kohler Barnard to the Equality Court last year after they made postings on Facebook for which they now face prosecution.
This week the ANC's attorneys wrote to six public interest organisations to advise them that Kohler Barnard will be subject to a directions hearing on Tuesday on instruction from the Equality Court.
ANC attorney Peter Williams stated in a letter lodged with the high court that the Equality Court had been of the view: “Given the nature and importance of these issues raised and the constitutional implications thereof… it is appropriate that relevant organisations and/or experts be invited to apply to assist the court if they so wish, as friends of the court.”
On September 15 last year, Kohler Barnard, at the time a safety and security spokesperson for the DA in Parliament, shared a Facebook post of journalist Paul Kirk on her personal Facebook page.
The post praised apartheid-era president PW Botha and called for his return. A portion of the post reads: “Please come back PW Botha … you were far more honest than any of these rogues and you provided far better services to the public…”
After Kohler Barnard’s reposting and a public outcry, the DA expelled her.
She was reinstated on appeal, but stripped of her position as spokesperson until the end of the fifth sitting of Parliament. This is on condition that she is not found guilty of any transgressions during that period.
She must also resign from all elected positions in the party, except that of MP, and cannot stand for re-election to the positions during the period under review.
The ANC hauled Kohler Barnard to the Equality Court on January 19.
In papers lodged with the court, the ANC states the post "is a yearning for the return of apartheid minority rule" and "amounts to the glorification of apartheid".
In an affidavit lodged with the letter, ANC secretary- general Gwede Mantashe stated: “The call for the return of PW Botha evokes painful memories for the members of the complainant and for millions of particularly blacks who have suffered under his rule.
"To call for the return of 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 calling for the return of the hated system of apartheid itself.”
The ANC then requested the Equality Court to declare that “the utterances contained in a Facebook post of journalist Paul Kirk, shared by (Kohler Barnard) on her personal Facebook page, are racist and constitute hate speech and unfair discrimination… Freedom of expression does not extend to racist utterances as proscribed by the Constitution and unfair discrimination and hate speech as proscribed by the Equality Act”.
The ANC also wants her to pay R500 000 as compensation.
Kohler Barnard, in an affidavit to the court, stated that her post contained two parts.
The first was a comment on Major-General Johan Booysen and the second refers to Botha.
She told the court she did not read the second part of the post before sharing it, and would not have done so had she read it.
“I’m advised that the statement, notwithstanding the fact that it is offensive, does not in a legal sense amount to unfair discrimination against any person or group, does not attack any person’s dignity, and does not amount to hate speech,” Kohler Barnard stated.
She and the ANC then agreed the matter should be dealt with as an application procedure and invited the SA Human Rights Commission, Legal Resources Centre, Freedom Under Law, Helen Suzman Foundation, Council for the Advancement of the SA Constitution and the Society for the Protection of our Constitution to be friends of the court.
On Monday, Sparrow will learn her fate in the Scottburgh Magistrate’s Court after the Equality Court ordered her to pay R150 000 to the Oliver and Adelaide Tambo Foundation for falling foul of hate speech.
Equality Court magistrate Irfaan Khalil instructed the clerk of the court to submit the case to the director of public prosecutions, who decided to institute criminal proceedings against Sparrow.
In her Facebook post, Sparrow wrote: “These monkeys that are allowed to be released on New Year’s eve and New Year’s day on to public beaches towns etc obviously have no education what so ever so to allow them loose is inviting huge dirt and troubles and discomfort to others.
"I’m sorry to say that I was amongst the revelers and all I saw were black on black skins what a shame. I do know some wonderful and thoughtful black people. This lot of monkeys just don’t want to even try. But think they can voice opinions about statute and get their way oh dear.
"From now I shall address the blacks of South Africa as monkeys as I see the cute little wild monkeys do the same, pick drop and litter (sic).”