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


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