Issue 3, Vol 10: 1 February 2013 In this issue:
FNB; was it really freedom of speech? FNB; was it really freedom of speech? By Sediko Rakolote In the past days there have been debates in and around the country on First National Bank (FNB) "You can Help campaign adverts "that the African National Congress (ANC) raised a concern about. Both the Juristic persons (ANC and FNB) have met to listen to each other and the FNB representative, CEO of FirstRand Mr. Nxasana agreed that the "research" clippings that were posted online were regrettable; he apologized for the posting of the "research" clippings online. The apology was warmly accepted by the ANC. However the self-appointed advocates of "Freedom of speech" as usual have been hauling insults to the governing party, alleging that the movement it is using bullying and intimidatory tactics that made FNB to withdraw the adverts in fear of losing business with government. The self-appointed advocates in trying their best to score cheap political points dispatched one of their own who said FNB's apology to the ANC sends a message to companies that it is not acceptable to question or criticise the ruling party. He further stated that in apologising it has shown that it is acceptable to be bullied by the governing party, and it has shown the ANC that its bullying tactics work in suppressing critical voices. Let me make my point in the context of what is "Freedom of Expression". Freedom of Expression is guaranteed in section 16 of the Constitution of the Republic of South Africa 1996 which provides: Everyone has the right to freedom of expression, which includes- Freedom of the press and other media; Freedom to receive or impart information or ideas; Freedom of artistic creativity; and Academic freedom and freedom of scientific research. The right in subsection (1) does not extend to- Propaganda for war; Incitement of imminent violence; or Advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm. Article 19 of the Universal Declaration of Human Rights and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR) states that: "Everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice". Article 19 goes on to say that the exercise of these rights carries "special duties and responsibilities" and may "therefore be subject to certain restrictions" when necessary "for respect of the rights or reputation of others" or "for the protection of national security or of public order (order public), or of public health or morals". After seeing the adverts the ANC expressed its views on the adverts as it is its constitutional rights and too has the right to freedom of speech and to take action so that it is not locked only in speeches. Mr Nxasana expressed the views of the FNB as it is their constitutional rights and stated that the objectives of their "youth campaign" was meant to inspire all South Africans to work together by helping one another. Both Juristic Persons have a right to express their views and they don’t have to get permission from the self-appointed advocates of "Freedom of Speech". It is amazing how the self-appointed advocates play double standard by antagonizing FNB when it, as part of taking responsibility for its freedom if speech, is expressing its apology regarding the adverts. In their ambition of completely tarnishing the image of the governing party as it is the intention of all opposition political parties that have ill-conceived political ideologies, they are desperate to find any partners who can gang-up with them at all costs to attack the ANC led government and the movement itself. They have won certain sectors of the media and they get frustrated when the print media like "The New Age" has been providing balanced reporting. They are going all out to get subjective critics of the movement. The ANC doesn’t need subjective cheerleaders and it doesn’t need subjective critics. We appreciate objectivity. Tell us where we are indeed right and tell us where we are indeed wrong. Also allow us to tell you where we are right and appreciate it when we tell where we are wrong. Don't forget evaluating yourself in the process. The hardest part of political conduct on the part of counter-revolutionaries is to evaluate and accept own weaknesses. South Africa is not short of daily examples such as Hellen Zille and the DA who lied about not receiving some donation whereas, on the contrary, they did receive it. The ANC doesn’t forfeit its rights of freedom of expression because it is a governing party. It’s a constitutional right that it will continue to enjoy and it will continue to respect the same right on others. It has a right to be questioned and the right to seek clarity on any questions directed to it. It has the right to question and those questioned by it have the right to seek clarity on the questions. And in this case both the parties have expressed their views. With the history of not being allowed to express ourselves and many of our leaders served long term jail sentences and some lost their lives for expressing their views, there is no way that we can turn around today and become oppressors of the freedom of expression. We respect the "Rights" that goes with "Responsibilities" Amandla! Sediko Rakolote References: Source: http://en.wikipedia.org/wiki/Freedom_of_speech Sent from my iPad -- -- You are subscribed. This footer can help you. Please POST your comments to [email protected] or reply to this message. You can visit the group WEB SITE at http://groups.google.com/group/yclsa-eom-forum for different delivery options, pages, files and membership. To UNSUBSCRIBE, please email [email protected] . You don't have to put anything in the "Subject:" field. You don't have to put anything in the message part. 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