SAHRC obo SAJBD v Masuku and Another – CC Case CCT 14/19

Bongani Masuku and COSATU complied with the order of the Constitutional Court handed down on 16 February 2022, in the annexed apology sent to the Jewish Board of Deputies on 18 February 2022. 

We refer to the judgment in this matter handed down by the Constitutional Court on 16 February 2022.

The South African Jewish Board of Deputies (SAJBD) lodged a complaint with the South African Human Rights Commission (SAHRC), alleging that four statements (the impugned statements) made by Bongani Masuku, in his capacity as a representative of COSATU, constituted hate speech.

The Constitutional Court held that one of the four impugned statements (the first statement) constituted hate speech and accordingly Mr Masuku and COSATU were ordered to unconditionally apologise to the Jewish community for the first statement.

The Constitutional Court further directed that the apology must receive the same publicity as the first statement. As far as we can ascertain, the Its Almost Supernatural blog, on which the first statement was posted, is no longer functional. We accordingly address this letter to you as the complainant to the SAHRC and a representative of the Jewish community.

Mr Masuku and COSATU hereby tender their unconditional apology to the Jewish community and regret the harm caused.