"Insult to Injury" in Equality Court hearing on Anti-Chinese hate speech
The Equality Court inquiry concerning 12 respondents accused of hate speech, harassment and unfair discrimination against the local Chinese community took an unexpected turn in court. Judge M. Makume cautioned Mr Malcolm Barendse, a lay person representing the fourth respondent, David Clive Horne, that his (Barendse’s) behaviour was verging on contempt of court, and reprimanded him several times. During the cross examination of Mr Erwin Pon, chairperson of The Chinese Association (TCA), Barendse, posed the following question: “When one looks at the bigger picture I am asking you, could it well be that in a manner of perspective, we’re dealing here with a minor issue? […] Don’t we as South Africans have bigger things to focus on, with enough troubles - whether it be human or animal rights violations throughout South Africa, unemployment, corruption, whatever it might be? Don’t you feel, without demeaning your position, that as a matter of perspective, in terms of the greater scheme of things, it’s a small issue?”. An upset Pon, in a raised voice, responded: “Just like when I was a kid, and all those hundreds of kids bullied me, I was a small little kid – insignificant in the bigger picture, as apartheid was running rife? Not allowed on buses - that’s a small little issue for a kid, not being allowed on a bus? So, my answer is NO, I do not think that it is small. I do not think that it is right that we do not matter…. This is where it is insult to injury – when someone thinks that it doesn’t matter. Thinks that our lives do not matter”. Pon’s response was met with applause from the gallery, filled with the many members of the local Chinese community who have been present throughout the hearing. The manner in which Barendse posed his question was not spared a response by Justice Makume who stated, “The problem is that you minimised the problem that these people are facing. You said it’s small… The witness must be allowed to express himself in a manner that he wants to express himself […] This witness is reacting to the manner in which the question was asked”. Justice Makume also cautioned Barendse a number of times on how he addressed the court, insisting that he follow the rules of evidence, court etiquette and process. He said, “Mr Barendse, I have warned you again, please stop speaking to me in that manner”. At a later point Justice Makume stated, “I think you’re busy stepping into contempt of court”. Advocate Faizel Ismail, representing TCA, interjected to say that, “As an officer of the court…it is incumbent upon us to inform a lay person like Mr Barendse that he is before a court of law, he is before a judge, and he should be treating the judge with appropriate respect and deference”. The fourth respondent’s alleged comment, posted on the Carte Blanche Facebook page, is “Personally I say wipe them out – I’d be the first to be there”. He alleges this comments were taken out of context.
The case continues in the South Gauteng High Court. To arrange media interviews contact: Melanie Judge – 083 271 2543 or melanie@justcommunication.co.za Natasha Adonis – 079 7999654 or natasha.adonis.comms@gmail.com
About TCA:
The Chinese Association in Gauteng (TCA) was formed in 1903. Its primary aim is to promote and preserve Chinese culture, heritage, language and religion, and to advance the welfare of the Chinese in South Africa. It also promotes unity, harmony and goodwill amongst those of Chinese descent, and embraces the interests of all other fellow South African citizens. For more information visit http://www.tcagp.co.za
