Our old friend Bongani Masuku, the international relations secretary of the South African trade union confederation COSATU, has been in action again at Wits University.

Anthony Posner, who was at the event, documented some of the choice phrases being recited:

“Away with Israel” “Away with oppressive regimes” “Amandla etc” “Viva Wits PSC Viva” “Viva Cosatu Viva” “Free Free Palestine.” “Amandla” “We are fighting our own struggle” “Apartheid Israel is apartheid South Africa.” “Viva, Viva, Viva”. “Zionism Down” “Palestine will be free.”

And there was the usual other stuff. “You can leave this country. We will defeat the racists” “I don’t care whether it is antisemitic” “Anyone who handles goods to or from Israel…Beware!” “Your life will be hell”.

Charming. Michael Trapido observes:

Anti-Semitism is racist in terms of our law and accordingly Masuku is of the view that South African law doesn’t apply to him unless - I assume - he believes those laws are worthy of his consideration. If you have regard to more of Masuku’s wisdom set out in these exchanges as well as his call for Jews who don’t agree with him to leave South Africa then you get the general idea.

Just out of interest to Cosatu who are going to play a greater part in the next government I thought I might add the “offending section” from our Constitution:

16. Freedom of expression

1. Everyone has the right to freedom of expression, which includes ¬

a. freedom of the press and other media;
b. freedom to receive or impart information or ideas;
c. freedom of artistic creativity; and
d. academic freedom and freedom of scientific research.

2. The right in subsection (1) does not extend to ¬

a. propaganda for war;
b. incitement of imminent violence; or
c. advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.

I would ask Cosatu simply for confirmation that they support the views expressed by Masuku herein. I’m not interested in your take on the conflict in the Middle East - feel free to see my views thereon - I’m referring to these specific views. If they are of the opinion that Masuku is in fact correct then I must respect their decision. I must also advise all companies with Jewish owners or links that the contracts that they have signed with Cosatu are unenforceable at law as the trade union does not recognize the entire body of South African Law. Accordingly, and in light of the difficulty in trying to establish which parts of the law they do recognize and at what point in time - for example racism which Masuku rejects as binding upon him - their contracts with you must be considered void for vagueness or at worst unenforceable in terms of South African law.