Justice department condemns alleged racism incidents

The Department of Justice and Constitutional Development (DJCOD) has condemned the alleged acts of racism at South African schools and committed to intensify the awareness of constitutional rights, including the prohibition against hate crimes and hate speech and the prevention and combating of these offences.

A racism row erupted at the Pretoria High School for Girls following the discovery of a WhatsApp group in which a group of white pupils allegedly sent messages to each other with racial undertones.

This was followed by the revelation of an incident at Table View High School where a substitute teacher allegedly used the ‘k’ word during a history lesson and another incident at Pinelands High School involving a ‘slave auction’ of black learners by their coloured counterparts. Both those schools are in the Western Cape.

“The [department] unequivocally condemns any acts of racism and racial discrimination and will intensify its efforts, in collaboration with the South African Human Rights Commission, the Commission for Gender Equality and the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, to promote awareness of constitutional rights, including the prohibition against hate crimes and hate speech, aimed at the prevention and combating of these offences.

“The [department] is engaging the Department of Basic Education and will be monitoring how these matters will be handled and eagerly awaits the outcome thereof,” the DJCOD said in a statement.

The department emphasised that there remains no place in South African society for the use of racist language and behaviour.

“Our courts, especially our designated Equality Courts have pronounced on the use of the derogatory k-word – there is no place for such in a constitutional democracy which seeks to foster unity in diversity.  Indeed, there is no place for racism or any other form of related intolerance in our constitutional democracy, which is anchored on the supremacy of the Constitution. Such incidents perpetuate harmful racial discrimination, and are stark and painful reminders of our Apartheid past.

“This year South Africa marks 30 years of freedom and democracy since the country’s democratic elections in 1994.  The advent of our constitutional democracy 30 years ago, ended decades of oppression under white minority rule, based on the racist ideology of black inferiority and white superiority, and ushered in a transition to a society “based on democratic values, social justice and fundamental human rights”,” the department added.

The department said hate speech and hate crimes have been declared an offence following the operationalisation of the Prevention and Combating of Hate Crimes and Hate Speech Act 16 of 2023.

This, notwithstanding the Constitutional imperatives on unfair discrimination and obligations of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000.

“South Africa’s National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance [NAP] was approved by Cabinet in 2019. The NAP gives effect to South Africa’s constitutional and international obligations, thus signifying government’s commitment to achieving the objectives of the NAP at the highest level.

“The [department], as the focal agency tasked by Cabinet to lead and coordinate the implementation of the NAP, in line with its constitutional mandate, unequivocally condemns all and any acts of discrimination, in whatever form they occur.

“It is of great concern that learners, almost all of whom were born in a country that is democratic and more inclusive, have to both experience racism and some still continue to hold such beliefs of racism, intolerance, hurtful and demeaning behaviour,” the DJCOD said.