Cape Town – AfriForum have lost a court bid to have posts suggesting it supported rape taken off Facebook after a heated campus confrontation around a statue at Stellenbosch University earlier this year.

In a judgment handed down on Friday, Acting Judge Michael Donen also laid the blame at the door of AfriForum, saying that some of its own supporters who were there had sexually assaulted a rape survivor during the clash.

In the damning judgment dismissing the group’s application for the removal of Facebook and Twitter posts by Johan Pienaar, Donen recalled the dramatic events of March 3.

Drawing from numerous affidavits following the application by AfriForum and its head of local government affairs, Marcus Pawson, against Pienaar, a member of the Protest Observers’ Alliance (POA), he painted a picture of a confluence of political views.

He said Pienaar was a supporter of the Open Stellenbosch campaign (OS), which lobbied to have Afrikaans removed as the leading medium of instruction, and also wanted apartheid-area symbols and art removed.

Circulated pamphlet

OS is also supported by the Economic Freedom Fighters (EFF) and their Student Command, the Fees Must Fall campaign, the Stellenbosch Students Representative Council (SRC) and the SA Students Congress (Sasco).

On the other side was AfriForum, which, among other things, lobbies for the rights of Afrikaans-speaking students. On March 3, a group of its supporters gathered on campus to clean up after weeks of protests. This included washing the statue of Jan Marais, a founding funder of Stellenbosch University, and the Afrikaans language.

They had also allegedly circulated a pamphlet calling on people to gather at the statue, saying it was going to be burnt down.

On March 3, while the AfriForum supporters were at the statue, a group of EFF supporters stuck a ‘Vote EFF’ poster on the statue.

The EFF group included an activist from the End Rape Culture Campaign, which was launched at the university in February. She stood in front of the chalked ‘End Rape Culture’ message, while the AfriForum supporters were trying to remove the EFF poster and the chalked slogan.

Then chaos ensued.

Rape survivor in midst

Afterwards, Pienaar posted on Facebook: “I witnessed AfriForum supporters threaten to rape women today and then when they found out that the one protestor was a rape survivor mocked her by shouting ‘Don’t rape her again she’s been done’. I will just leave this here for all you guys who told me about the good work AfriForum is doing.”

AfriForum and Pawson alleged this was false and defamatory and wanted the posts removed. They denied AfriForum supporters had threatened to rape any women, or that they were aware there was a rape survivor in their midst while they allegedly made the comments. They also denied that any AfriForum supporters said what Pienaar claimed. 

On March 6 Pienaar posted on Twitter: “Watch how @MarcusAfr of @AfriForum uses rape to intimidate a rape survivor.”

In another post on March 7, Pienaar wrote: “Look at how Marcus Pawson from AfriForum uses rape to intimidate a rape survivor. This happened on Thursday and this is what AfriForum is desperately trying to cover up with spurious criminal charges and fake civil action.”

On March 8 he tweeted, “Well @AfriForum supporters get to shout rape threats and the media focus on the mud on the statue.”

On March 14 AfriForum and Pawson filed papers for an urgent order that Pienaar’s Facebook posts and Tweets be removed, and that Pienaar be gagged from saying anything in future on his claims that they supported or incited rape.

The judge said there was no dispute that Pienaar posted the comments, the only dispute was about the events of the day.

Groups clashed

Donen explained that Pawson said that Pienaar had arrived with a group of EFF and OS supporters who were protesting over the suspension of seven students, although Pienaar said he was there as an observer with the POA.

Pawson submitted that the two groups clashed and Pienaar “pretended” to shield a woman who was standing with her back to the statue. Pawson called this a publicity stunt, saying the woman was in no danger.

But in the ensuing commotion, Pienaar was pressed closer to the woman, and Pawson claims to have shouted that Pienaar was hurting her. He said there was a video to prove this, but Donen ruled it inadmissable because its authenticity was questioned. 

According to Pienaar, the woman was groped and touched by the AfriForum supporters.

She yelled for them to stop, and this was when Pienaar said he put himself between her and the AfriForum group.

When people told the AfriForum supporters the woman was a rape survivor, some in the AfriForum group shouted, “Don’t rape her, she’s already been done” and one laughed when he heard the information.

Donen said the woman already had post traumatic stress disorder as a result of her rape and that it was triggered by sexually aggressive actions directed at her by men.

‘Want to be raped’

Donen also noted the woman was a member of the ‘Volksverraiers’ (Betrayers of the People), which wants it known that AfriForum does not speak for all Afrikaners, and so tensions ran high.

The woman said during the confrontation someone tried to pull her off the statue. She was bumped several times into men around her. One pushed his leg into her buttocks and ignored her when she said she felt uncomfortable.

He carried on, which made her feel sexually vulnerable. Two other female protesters were also abused, she alleged, and charges have been laid with police.

She was spoken to aggressively, and touched on her torso and breast as a group of men pressed over her to carry on scrubbing the statue, sometimes washing her too.

Another man shouted in Afrikaans, “A person would think they want to be raped”.

In the meantime Pienaar was dragged away and had a confrontation with Pawson, while the woman was being pushed against the statue. She eventually left in tears.

‘Inflicted their rape culture’

Donen found that whether or not AfriForum supporters threatened to rape the woman in the literal sense of the word, “they nevertheless did inflict their rape culture on her and other women present”.

“AfriForum’s promotion of the interruption via a pamphlet led to the violence and the sexual assault, sexual violence and sexual aggression and intimidation and expressing of rape culture in an egregious form,” he said.

Donen said that the rights relating to freedom of expression and freedom of the press and other media extended to social media such as Facebook and Twitter.

Previous judgments have shown that if the subject is political, it arouses strong emotions and bitterness and public discussion becomes more heated. So it was inevitable that this would happen at Stellenbosch University.

But freedom of speech does not extend to hate speech, and every person’s dignity and reputation should be protected.

“In line with those judgments, Pienaar is entitled to some latitude in describing the confrontation because it was political, emotional, bitter and liable to be described in strong language,” said Donen.

He believed a reasonable person would read Pienaar’s statement in the context of the events.

He added that by thrusting themselves in the public eye, AfriForum had opened themselves to scrutiny. “It was AfriForum’s promotion of the confrontation by pamphlet and its arrival on campus that led to the violence.

‘Oppressive and unjustified”

“In accordance with these judgments Mr Pienaar is entitled to an amount of latitude in describing the confrontation between AfriForum and the groups.

“They must consequently display a greater degree of tolerance to criticism than ordinary individuals.

“According to the cases cited above Mr Pienaar’s robust political riposte constitutes an exercise of freedom of expression which, in my view, does not involve defamatory statements concerning the applicants.”

He said AfriForum and Pawson could have refuted or rebutted Pienaar’s comments just as quickly as the court application through other public forums such as debates and meetings.

“They have not established a prima facie right to have the publication taken down.”

He said the orders they wanted would have a “chilling” effect on free speech.

“The limits sought are oppressive and unjustified. There is no merit in the application for either the mandatory interdict or the interim interdict,” he said.

The application was dismissed with costs.
Source: http://www.news24.com

BY REGINALD KANYANE

The Burger King-sponsored South African National u20 team are two matches away from qualifying for the 2017 edition of the CAF u20 AFCON to be staged in Zambia from February 26 2017 – 12 March 2017.

The four top teams at the prestigious continental showpiece will qualify for the 2017 FIFA U20 World Cup to be held in South Korea later next year.
Amajita face neighbours Lesotho in the first leg of the 3rd round on Sunday in Maseru, Lesotho at Setsoto Stadium.
Kickoff is scheduled at 3pm.

The coach Thabo Senong said: “We started the camp with low levels of fitness but we believe we have had effective training sessions with the boys throughout the week. Saturday we had our last tactical session where we emphasized the importance of critical phases and compact defending.”
The rising coach said it was the hosts who were under pressure as this was their home match.
“They are the ones who will have to push harder than us. We intend on ensuring that we get the much needed away goal, and hopefully even win the match so that we are comfortable in the return leg.
“The players we have at our disposal are great at attacking; they are untouchable when they are in possession however, we have to be careful when defending as this could alter our game plan,” added Senong.

-TDN

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BY REGINALD KANYANE

THREE suspects aged between 18 and 21 are expected to appear in the Mogwase Magistrate’s Court on allegations of murder. Provincial police spokesperson, Col Sabata Mokgwabone said the suspects were arrested in the early hours of Saturday at Railway Informal Settlement in Zone 8, Mogwase.

“According to information, the police were summoned to a scene of murder where they found a 25-year-old victim lying dead with stab wounds on the upper body.  Further investigation into the matter led to apprehension of the suspects. The motive of the incident is unknown,” Mokgwabone said.

-TDN

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BY REGINALD KANYANE

A 19-YEAR-OLD boy from Tshidilamolomo village, outside Mahikeng was arrested in connection of rape. North West police spokesperson, Col Sabata Mokgwabone said the incident took place at his residential area on Thursday.

“A 52-year-old woman was allegedly raped by the suspect whom she shared a house with. The suspect and the victim are related. She was allegedly raped when she entered the house. The suspect grabbed, pinned her down and allegedly raped her. The suspect allegedly fled the scene after the incident. The police managed to trace and arrested him,” Mokgwabone said.

He said the suspect is expected to appear in the Mmabatho Magistrate’s Court on Monday.

-TDN

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BY REGINALD KANYANE

A 36-YEAR-OLD woman from Selosesha section in Morokweng village near Ganyesa applauded the South African Police Services (SAPS) in North West police for helping her TO deliver a bouncing baby.

North West police spokesperson, Col Sabata Mokgwabone said committed employees displayed an act of bravery and selflessness.

“The trio, senior provisioning administration clerk, Oalositse Kupi, data capturer, Refilwe Sereko and Foreman (Cleaner), Lorato Selebogo were on duty at the police station when they heard screams. They saw a pregnant woman who had just passed the station sitting down along the street.

“They rushed to her and only to find out that she was already in labour. One of the employees rushed to the station to get blankets that were used to craft a barrier to conceal the incident from the public,” Mokgwabone said.

Meanwhile, warrant officer, Gaorongwe Jongani rushed to the clinic to summon an ambulance. The Emergency Medical and Rescue Services (EMRS) paramedics took the mother and her daughter to the clinic after the birth of the baby.

“The employees were later informed that both the mother and the baby were in good health.  The mother has decided to name the baby Keaoleboga meaning “I am thankful to the Lord”. However, the police will always remember the miracle baby girl as “Omaatla” which means “The Lord is Mighty”.

“The station has also contributed money to buy clothes for the baby. We are happy and proud that God gave us the courage and ability to assist the woman to safely deliver the baby,” Oalositse Kupi said.

-TDN

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Picture: (North West premier, Supra Mahumapelo and Renowned Soothsayer and Author, Credo Mutwa) 

BY REGINALD KANYANE

PREMIER Supra Mahumapelo paid a visit to renowned soothsayer, traditional leader and author Credo Mutwa in Kuruman early this week.

The aim of Mahumapelo’s visit was to meet with Mutwa who was forcefully removed from Letlamoreng Dam in Mahikeng by Bophuthatswana government.

Mahumapelo said government is now revamping Letlamoreng Dam and he wanted to meet with Mutwa as he had a traditional house at the dam.

He said that they want to preserve Mutwa’s house for cultural development cultural practises.

“We need to continue to work together as government with our people. So we saw it imperative to meet with Credo Mutwa. North West government believes that we need to follow the suit in rebuilding our government. Those who were here first had plans, now in order to get it right, we need to understand their vision as well. They laid the foundation, so to continue and take it forward, we must meet with them.

“We also visited former Bophuthatswana president, Lucas Mangope. The nother mater is to rely on the living God for guidance. We need to ask serenity from him. We need to practice humanity because all what we have in this world may perish. To be a good leader, one need to show humanity and listen for advices,” Mahumapelo said.

Mahumapelo expressed concern at how Mutwa was kicked out of the provincial capital saying people like the traditional leader play a positive role in building the society.

“We shared our vision with Mutwa. And we urged him to consider his return to Letlamoreng Dam. We need to learn from previous leader. I am glad that he welcomed us in his home. The aim was to know how we can assist him as we are refurbishing the area. We have budgeted R30m to improve Letlamoreng Dam, so his area will also be used as part of heritage.

“We need to preserve our Africanism and make sure that peace prevails in the province. We have put three concepts as our drive of our economy. Agriculture, culture and tourism are our economy drive in the North West province. We also have renewal, healing and reconciliation. We agree with Mutwa when he mentioned that there will be instability in South Africa. However we are fighting unemployment, inequality and poverty,” he added.

In his remarks, Mutwa said he could not agree more with the vision of the provincial government.

“As small as I am, I agree with your vision. We need to make people at grass root level to be able to feed themselves. They also need to be integrated in the bigger plan which joins to greater things. The culture of a human being is capable of sustaining human being’s life.

“I am disturbed by the noise we see in our country currently. Human beings are working in the name God of to bring upheaval in the lives of the masses. There is danger facing our country. Unemployment, inequality and poverty are rearing its ugly head. We need to come up with good planning to improve the lives of the people,” Mutwa said.

-TDN

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BY REGINALD KANYANE

THE North West health department has acquired the services of two emergency medical services companies to address backlog of ambulances in the province.

Department spokesperson, Tebogo Lekgethwane said they have signed a two year contract with the two companies.

“We believe that their services will assist us in addressing backlog of ambulances. This will improve our service delivery to our people. We have experienced lack of ambulances in the past. So those emergency medical services will assist were we are lacking.

“We do not have many ambulances across the province to render service to all communities. Our people always complain that ambulances take long to reach them. Some people say sometimes the ambulances are engaged,” Lekgethwane said.

He added that people need to bring any grievances forward so that they can address them.

“The service level agreement exists with two private EMS providers to offer inter facility transfers for the department. The private emergency medical services will help to reduce the backlog in transportation of patients.

“The private EMS are also bide by the law to assist if they come across any accident. This is as per the health act. The department uses private EMS service providers when we are very busy as well,” he said.

Lekgethwane said that they do not condone private EMS services that poach calls. He said that EMS services signed the contract for inter facility transfer.

“They are paid as per Board of Healthcare Funders rates. If residents are not happy about the service of the private sectors, they can lay a complainant to the department. We will report them to the Board of Healthcare funders or the health professions council of South Africa.

“We are still assessing the impact that private EMS service providers have on patient care. We also held talks with taxi industry to assist with transport to ferry patients to various medical institutions in daily basis,” he said.

The Taung community was left disgruntled recently over the treatment they allegedly received from one of private EMS personnel.

A concern group chairperson from Taung Voices, Bakang Makuroane said there was a terrible accident recently in Chiefscourt section in Taung.

He said the personnel driving a private ambulance stopped but allegedly refused to help them.

“One person died on the scene in a car accident after one of private EMS personnel stopped but refused to assist. The driver alleged that the accident was not in his jurisdiction. So we wanted to know if the accident was not in his jurisdiction, what he was doing in the area. These private EMS services come to North West just to fill up their pockets. The injured person died on the scene after 30 minutes while trying to call an ambulance,” Makuroane said.

-TDN

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BY REGINALD KANYANE

THE EDUCATION and sport development department said winter school campaign was going accordingly so far. The department spokesperson, Elias Malindi said they embarked on the Winter Camps programme to prepare Grade 12 for final examinations.

Malindi said the 35 519 Grade 12 pupils are currently in Winter Camps across the province. He added that pupils will be in camp until July 16.

“The Winter Camps were pursued after the smooth mid-year examination process. The mid-year examination was based on the syllabus. Pupils have done since the beginning of the year. We intend to prepare them for the final examination to be written at the end of the year.

“These examinations assist the educators to observe if pupils have understood the work done to this far. The department has put aside an amount of R6 873 690 to ensure that the winter camp programmes run successfully. There are 68 venues across the province in all four districts. We accommodate pupils and teachers during this period,” he said.

According to Malindi, winter camps are intended to assist and prepare pupils. He said they need to be able to deal with areas which they did not understand in their classes.

“This will enable them to write legibly and think critically. They will also apply the acquired knowledge and skills during their final examination. We are grateful of the smooth running of the mid-year examination.,” Malindi.

The department was happy the way in which the examination process has unfolded. MEC Sello Lehari applauded educators’ professionalism.

“I am also confident that our pupils have done well in mid-year examinations. Winter Camps are like a golden opportunity. Pupils must use and embrace it well. At these camps, pupils should not be scared to indicate their problematic areas. There are experts in various subjects to assist them. We also urge parents to assist pupils of other Grades to focus on their school work,” he said.

The schools for quarter three will reopen on July 18.

-TDN

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BY REGINALD KANYANE

TWO suspects aged 34 and 38 were arrested in Hartbeespoortdam for being in possession of suspected stolen goods and theft on Tuesday. North West police spokesperson, Col Sabata Mokgwabone said the suspects were nabbed at Ten Rooms Informal Settlement.

“Police received a tip-off from the members of the community about two people who were seen selling corrugated iron sheets in the area. They responded swiftly and that led to the arrest of the first suspect. The latter led them to the second suspect who was also arrested.  The police also discovered corrugated iron sheets worth R44 000.

“It is alleged that the corrugated iron sheets were stolen on Thursday last week. The suspects appeared in the Brits Magistrate’s Court on Friday,” he said.

-TDN

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