IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG LOCAL DIVISION, JOHANNESBURG)
CASE NO 01368/16
PHNO 342
Inthe matter between:
GARETH CLIFF Applicant
and
ELECTRONIC MEDIA NETWORK (PTY) LIMITED First Respondent
[SIC] ENTERTAINMENT (PTY) LIMITED. Second Respondent
RESPONDENTS: ANSWERING AFFIDAVIT
| the undersigned,
YOLISA PHAHLE
state under oath that
1. |1am an adult female employed in the position of Chiet Executive Oficer of
the first respondent, Electronic Media Network (Pty) Limited ("M-Net")
situated at 137 Bram Fisher Drive, Blairgowrie, Randburg, Gauteng, 2194
\NN
(HE 2 The facts contained herein are within my personal knowledge, unless the
contrary is stated or apparent from the context. They are, to the best of my
knowledge and boli, tue and correct. The legal eubmiscions made in tie
affidavit are made on the basis of advice which | have received from my
legal advisors.
3 | am duly authorised to defend these proceedings on behall of the
respondents,
4 I have read the founding affidavit of Mr Gareth Rydal Clit, The
respondents deny thatthe applicant has advanced any sustainable grounds
to warrant an urgent interdict pending the relief set out in Part B of the
Notice of Motion. As such, the application must a
(OVERVIEW OF THE RESPONDENTS" OPPOSITION TO THIS APPLICATION
5 The applicant's application Is llkconceived and legally untenable.
‘The respondents oppose the relief on the grounds set out below.
6 The primary relist sought by the applicant inthis urgent application is the
interim reinstatement of the contractual relationship between the partes to
what It was on or about 6 January 2016 and prohibiting the respondents
from conducting any ausitions for Idols South Africa (Idols SA") without the
inclusion ofthe applicant in the pane! of judges (the primary relief.
7 The primary raliet sought by the applicant is premised on the alleged
existence of a contract between the applicant and the respondents in terms.
WM. 10
1"
2
3
Of which the applicant alleges he was appointed a judge for the upcoming
2016 season of lols SA
No contract was concluded between the applicant and the respondents in
respect ofthe upcoming 2016 Idols SA season and, accordingly, there is no.
basis forthe primary relief sought by the applicant
It is common cause tha the applicant and the respondens always entered
into a writen contrac in relation tothe past fourteen years, or ten seasons,
of Idols. There was never, throughout the relationship of the applicant and
tne respondents, any attempt to conclude a conrac other than by way of @
written contract
Its common cause that no such written contract was corsluded in respect
of the upcoming 2016 Idols SA season.
Faced with this fundamental dificuly, the applicant attompls to assert an
oral agreement “tacitly modelled on the previous largely similar writen
agreements’ (Founding Affidavit, para. 13) and that “it was orally agroed
between the parties that the usual contractual relationship was being
‘enewed" (Founding Afidavt, para. 14) and that “its terms are to be
‘extrapolated from the previous agreements, more especially the 2015
agreement." (Founding Affidavit, para, 39 and annexure “GC10")
‘The applicant, on his own version, falls far short of making out a case for
‘ny oral agreement. tis not asserted precisely who represented the parties
in concluding the alleged oral agreement, where the alleged oral agreement
Wwe
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4
16
4
was concluded, or what the precise terms of the oral agreement were, In so
far as the applicant asserts an express oral agreement, itis incumbent on
‘he applicant to allege the precise words giving rise tothe conclusion that @
‘contract was concluded. This he does nat do.
‘Th indications of the oral agreement relied upon by the apalicant do not
establish any agreement. Often partes begin with implementation of a
proposed agreement not yet concluded on the assumption that a ctrract
willbe concluded. But unless and until the contrat is concluded, the does
‘ot raul in a contract coming into existence,
itis probable thatthe applicant and the respondents would have came to
terms and concluded the contemplated witen agreement but for the
intervening evens. As things stand, however, ever and above the fact that
the partes had not signed a wien contract, the applicant and the
respondents had not yet reached agreement on the fee and on certain other
arrangements.
‘The applicant has styled his application as an application for interim rele.
However, the primary reli, if granted, would be final in effect. In order to
succeed therefore, the applicant is required to estabish the requirements
{or a final inteict, which he has not done. Moreover he has not even
‘established the requirements for an interim iter,
‘The applicant has not established a clear right, or even a prima face ight,
as he applica hes aed elas, even rina lac ny contac
uw 17 Even ifthe Court were fo form the view, somehow, thet a contract exists
between the applicant and the respondents (which is denied), then on the
applicant's version such contract would include the same terms as were
included in the witten coniract forthe 2015 Idols SA season (‘Season 11°.
In that event, clause 9.3 read with clause 5.1.2 vests inthe respondents the
‘ight, at any time, in their discretion, without spectying any reason, to
terminate the Judge's engagement under the ageeement by giving the
Judge one week's written notice,
in such event, the fabilty of the
respondents would be to pay the applicant the remuneration due under the
‘agreement up to the expiry of the notice-period. Any further lability is
excluded.
18 There are good commercial reasons for the inclusion of such @ clause,
‘The respondents are engaged in the entertainment industry where
perceptions are crucial. This clause serves to vest control over the
‘programme in he hands of the respondents,
19° In the circumstances, wher
the respondents would have the power to
terminate any appointment of a judge on a week's writen notice for any
reason whatsoave
it would be wholly inappropriate to grant intrcictory
reli which is contrary to this right
20 Moreover, the applicant has an alternative remedy in the form ofa claim for
‘damages and in the circumstances the interdict sought ought not to be
granted,
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23
24
The applicant has not altacked the agreements alleged by the applicant, or
any provisions thereof, as being constitutionally invalid. In the
circumstances, the attempt by the applicant to found relief based on the
cluster of constitutional rights is bad in law and it
unde
In so far asthe interdict sought in prayer 2 is concerned, the applicant has
not made ut any case for the rele! sought and, in any event, the relief
‘sought is incompetent, constituting a request for a pre-publication inter
M-Net has advised the applicant that it has removed the face and image of
the applicant from its advertisements of the 2016 season of Idols SA and
the relet sought in prayer 4 is not applicable.
{As regards Part B of the application, the relief thereunder has no prospects
of success primarily because the decision sought to be reviewed fale
beyond the meaning of administrative action.
ing
FACTUAL BACKGROUND
25
28
Idols $A is @ popular local television show based on the cxiginal Bish
television format show, Pop Idol. The Idols format has become one ofthe
‘most widely watched and successful television shows in the world and has
been adapted in over 46 regions around the word. Ech season, the show
aims to clscover the most oustanding unsigned solo recording artist from
‘members ofthe publi
The first season of Idols SA was held in March 2002 and has largely
followed a similar format since then: Auditions are held nationwide at the
Vw
ave 28
29
start of each season. The panel of judges travels to majo ces around the
country where they see thousands of performers and select the ones with
the most promise. The solected performers, who receive Golden Tickets,
are then put though the greling theatre round to compete fr @ place in
the Group Phase, during which public voting commences. From the Group
Phase ten contestants go into the Top 10 ive Spectacular shows. The
Judges assess the performers during the show each week and viewers are
Invited to vote for thelr favourite contestant. The contestant with the fewest
votes is sent home. The eventual winner is announced at a lve grand
finale
Season 11 was the most successful season of Idols SA to date, The
‘combined viewership on M-Net and Mzans! Magic increased by 29% from
‘Season 10 and Season 11 generated over 78 milion votes.
In addition, the show was a massive digital success with In excess of 16
milion page views of the official website, 8 milion social media likes,
comments and shares, 7.7 million video views, 1.6 millon social media
followers and 320 000 WeChat followers.
Even though Idols SA has been running for eleven seasons, It 18 not
rocessarlly ated each evecessive yoar, Seasons 1 and 2 were held in
2002 and 2008, followed by season S in 2005 and season 4 in 2007.
Seasons 5 to 11 have sired in successive years from 2009 unt 2015, The
‘show was intaly screened only on M-Net, bu was late simulcast on M-Net
101 and Mzansi Magic on Dat
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2
8
‘The applicant in tis mater has served.as a judge on idols SA since season
two in 2003. At the end of each seasc of Idols SA, M-Net andthe ofcial
Idols SA posvcer, [SIC] Entrainment Pty) Limited (the producer’), hold
«8 discussion regarding the new season of Idols SA and the involvement of
leach judge. It Is not a foregone conclusion that the same judges will
Continue for the new season of each stow. The frst judging panel for Idols
‘SA holdin 2002 was made up of a pans of four judges, Rendall Abrahams,
‘Dave Thompson, Marcus Brewster and Penny Lebyane. Only Mr Abrahams
is stil sewing as a judge currently. Once itis established that a new
season of Idols SA will be commissioned, the producer will approach the
Idontiied judges for the next season tc determine whether they wish to be
involved in the show. A written agreement is then negotiated and
‘concluded between each judge and the respondents
‘An announcement was made during th final episode ofthe last Idols SA
‘season thal there would be @ new season of Idols SA in 2016. Alter a
dlscussion between M-Net and the producer, it was agreed to approach the
‘applicant to baginnegetitions concemng his reappointment asa judge for
the 2016 season.
In early December 2015, the producer's representative, Ms Anneke de
Ridder (‘Ms de Ridder’), engaged with the applcants manager, Ms Rina
Broomberg ("Ms Bromberg’), in order to negotiate the terme of the
‘applicant's involvement as @ judge forthe 2016 season. In ths regard, |
attach a6 “YP 1, email coreependence between the applicant, Mo do
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Ridder and Ms Broomberg between 1 December 2015 and 9 December
2015. A confirmatory affidavit from Ms de Ridder wil aiso be fled with this.
answering affidavit. As is evident from “YP1", the exchange was as folows:
82.1 On 1 December 2015, Ms de Ridder sent the applicant an email to
which she attached the schedule for the 2016 season of Idols SA. In
this email Ms de Ridder indicated that a written contract would be sent
to the applicant in due course;
82.2 Ms Bloomberg responded on behalf of the applicant on 9 December
2016. In this emall she ralsed three issues:
82.2.1. She stated that the applicant wanted to know how much he
would get paid:
82.2.2 She incicated that the applicant would nat be available on
certain datos; and
532.23 She enquired about whether a plan could be made to
‘accommodate the appicante crow for hie dally ‘ado chow on
CGittCentral atthe Wild Coast venue at which the theatre week
‘section of Idols SA would be held.
In this email Ms Broomberg made it clear that the applicants
participation was dependant on whether agreement coud be reached
on these issues;
uf Ey
10
323 On 4 December 2016, Ms de Ridder responded wih an Indication that
there was @ proposed budgetary increase of six percent in respect of
the applicants fee and asked sone questions cbout the applicants
availabilty and the logistical issues elating to the applicants
‘citicertral crew.
192.4 On 9 December 2015, Ms Broomberg responded with answers to the
‘questions posed by Me do Ridder. There was no further
correspondence between Ms Bloonberg and Ms de Ridder after this
email,
From the email exchange itis clear that no agreement had been reached.
‘ith the applicant regarding:
38.1 the fee that he would be paid for the new season;
38.2 whether it was acceptable forthe applicant to be unavailable on the:
dates that he had indicated: and
20.9 whether the producer would be able to accommodate the applicant
additional request relating tothe fiming at the Wild Coast resort
IIs also apparent from the emall exchange that the parties intended 10
enter into @ written agreement in due course once the outstanding issues.
hhad been agreed upon. Unfortunately, the respondents’ relationship with.
the applicant broke down before the agreement could be concluded.
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AAe 7
"
On 2 Janvary 2018, Penny Sparrow (‘Sparrow’) became @ household
name after she posted an extremely racist and derogatory slatement on
Facebook in which she refered to black people as monkeys. Sparrow's
comments were inmedlatly subject to widespread outrage and angar and
resulted in an intense debate on racism in South Alica, Vattach as "YP2" a
sample of articles published in relation to Sparrow’ tweet which, { submit,
provides an indcaton of the inal pubic outrage surounding Sparrow's
‘west,
(On 4 January 2016 the applicant published a tweet which stated that
"People really dont understand free speech at aif (the tweet’). A copy of
the tweet, together with the immediate responses that it attracted, ie
attached as "YP 3°
‘The applicant's tweet was posted only two days after Sparrows tweet and
came in the middle of a furious and intensifying debate on racism in South
‘Arica. Whether intended or not, the applicant's tweet was widely perceived
to be in defence of Sparrows ight to make racist and derogatory
statements. Some members ofthe public interpreted the comment fo mean
thatthe applicant was himself a racist. The result was a renewed media
fronay and immediate ciicism against the applicant by members of the
public on social media and other macia platforms,
| attach, as "YP4", a report prepared by Get Closure (‘the Get Closure
report’), which is a company that specialises in social media research and
monitoring. The respondents commissioned Get Closure to conduct
WW nee 2
research and provide the respondents with an analysis ofthe reaction to the:
applicants tweet on Twitter, A confirmatory affidavit of Chis Botha the
Managing Director at Gat Closure will accompany this answering alfidavit.
‘The Get Closure report indicates, intr alla, the following
38:1 members ofthe publi expressed a rango of nagative views on Twittar
including that: the applicants weet amounted to a defence of
Sparrow, that the applican’s weet demonstated a lack of
appreciation forthe distinction between freedom of speech and hate
‘speech, that the applicants comments were unacceptable in light of
the history ofthe country and that the applicant was himsell a racist
(see pages 11 to 14 ofthe Get Closure report;
938.2 there were 82 886 tweets related to "Gareth Gil between 4 January
2016 and 12 January 2016 which were posted by 15 000 users. The:
‘combined number of Twitter followers for these usere ie 41 728 900°
(see page 3 ofthe report);
38.3 the applicants intial tweet atracted 71 retweets anc hundreds of
responses throughout the week, the mjoty of which wore crcl of
the applicant. The Get Closure report indicates that 55% of Twitter
users were citical ofthe applicant and only $% suppored him, wrist
the remainder expressed views that were elther unclear orneul (eee
pages 11 1017 ofthe repon).
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(aE a
18
38.4 more than half of the comments made in the period between 4
January 2016 and 8 January 2016 (especially in the immediate
aftermath of the tweet on 4 January 2016 and 5 January 2016) were
negative towards the applicant (see pages 8 and 17 of the repo);
38,5 some of the negative comments about the applicant attracted a large
number of re-tweets. A sample of these tweets is available at pages
18 and 19 ofthe report;
386 several members of the public called for M-Net to "fie" the applicant
‘and stated that he should be removed as a judge from Idols SA (see
page 16)
[AS a result ofthe crtcism levelled against him, the applicant published an
apology on § January 2016, The apology, which Is attached to the
‘applicants papers as “GC2", sought to clay the applicant's positon on the
issue and distance himsel! from Sparrow's remarks. However, itis clear
that the damage had already besn done and public sentiment towards the
applicant remained erica aftor the apology was published on § January
2015 (see page 8 of the repo),
Inthe aftermath of the applicants tweet, and subsequent apology, a large
number of online and print newspaper atiles were also published about
the incident, | attach a sample of these articles as “YPS"
M.Net immediately became embralled in the dispute as a result of its
‘association with the applicant. As is evident from the Get Closure Report,
Wy
(WR 42
4
MNet, Idols SA and other associated brands such as Mzansi Magic, Ostv
‘and Multichoice also featured prominently inthe public discussion and were
‘mentioned in various conversations relating o the applicant (see page 4 of
the repor),
Ms Lani Lombard ("Ms Lombard’), M-Not's head of publity received
several media enquiis via emai as well as telephonically relating to the
applicants conduct. In this regard, | attach as "YS", copies of email
correspondence from various news agencies requesting comments from M-
[Net in relation tothe applicant's tweet
Malet also received a number of complaints directly from its subscribers
\who wanted larly on Met's continued association with the epplcant
‘Some members of the public threatened (via soclal media) to boycott the
new season of Idols SA and called on cthers todo the same. 1 attach as
“YP7" a sample of commants posted on Twitter in which members of the
public called fora boycott of ols SA,
In relation to its brand image, and with les than a month to go before the
start ofthe 2016 Idols SA auctions, M-Net felt thet it could not afford to
become embroiled in the poltical and racial controversy surrounding the
applicants stalements. On 6 Janvary 2016 | gave instructions for @ holding
statement to be issued in which it was stated that the applicant was not
currently under contact with M-Net and that M-Net would be reviewing its
Felationship with the applicant. A copy of this statement is attached as "YP.
Wy
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45 Prior tothe publication of this statement, | asked Mr Nkateko Mabaso ("Mr
Mabaso’), M-Nets Ditecior of Local Interest Channels, to contact the:
applicant and inform him about the press statement so thet he would not
‘imply read about il in tie media. Mr Mabaso phoned the applicant arid
informed him about M-Nt' intention to Issue @ media statement in which it
‘would record that it was reviewing is relationship with him. lam advised by
Mr Mabaso that the applicant did nt raise any objections and simply
‘expressed ie opinion thet the contoversy would blow over econ, A
confirmatory affidavit from Mr Mabaso wil be filed with this enswering
affidavit
46 Thereater @ decision was taken to hold a mesting withthe applicant to
lscuss the way forward, | accordingly instructed Ms Lombard to contact
the applicant and invite him to meet with me and representetves of M-Net
(On 7 January Ms Lombard contacted the applicant and informed him that
Net wished to meet wih him the next day. He indbated that the
proposed time of the mesting did not suit him and asked Ms Lombard to
contact Me Broomberg to sot up a suitable time, which she did. On 8
January | met with the applicant at M-Nets offices in Randburg. Mr
Mabaso, Ms Lombard and the applcan's manager, Ms Broomberg, were
also presen. | stated the meeting by otering the applicant an opportunity
to explain his controversial weet and subsequent apology. However, | was
Informed by Ms Broomberg that she and the applicant were not there to
answer questions.
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(ae a
«0
16
| explained tothe applicant that he had put M-Net in a vary sifcult positon
and that, while | did not believe thet he was @ racist, M-Nethad received a
lot of negative fesaback (as outined above) about his statenents on socal
mecia. Tho applicant acknowledged that his twest was insensitive anc
relteratd that he had issued a public apology inthis regard, but stated that
he felt that his comments id not warrant ending Nis reatlonship with Idols
SA. Ho also exorossed the view that the entire scenario had created an
opportunity for @ further dscussion and debate on race lations in the
‘country.
| explained to him that M-Net cid not view tho situation the same way
because we were concemed that the statements made by him and the
public backlash that his statements had attracted would have the effect of
15 January 2016 a 8:50:28 PM GMT +4
Seat from my iPad
Begin forwarded message:
From: na Broomberg(allucinaclffontcallgnall com] On Behalf
Ofna Broombera,
seme 08 December 2015 1024
‘TorAnneke
Subject: Re: IDOLS 12 Dates
HI Anneke
Been gathering all the info =
“yp 4"
IS Gareth leaves th March and returns 19th March
For Wild Cosst, it would be three members of the team and need
ISDN line anda room forte studio. We could probably do at
Teast three shows because i's not easy forthe team o take time
‘off. Also, it looks like 6 working days which i too much for
Gareth t be away - not only fr his show but aso the business.
Isitpossible to try and corslidate? Wild Coast isso far avay!
‘Cheers
(On 04 Dec 2015, at 200 PM, Anneke
“anneke@nevermachine.o-za> wrote
Dear Rina
‘Thanks for your mail and assistance,
Money:
I nave allocated a 6% increase in the budget for
his fee, which wil amount to R377 $30.00 for
the season,
Challenges:
When is he departing on his trip?
Would it be possible for you to let me know what
the requirements are for him to do his show
from Wild Coast. (Technical requirements,
number of people ete.)
Have a good weekend.
Anneke
From: Rina Broomberg <
Date: Thursday, 03 December 2015 at 448 PM
‘Subject: Re: IDOLS 12 | Dates
Vp Wanneke
Good chatting oyu yesterdy, Gareth skeen to get
wrote
Hi Gareth
‘As you know, our dates for Season
12 auditions have been confirmed.
\ have attached the dates. have
also asked channel for you contract
and will send that to you as saon as
I receive it
Note that we do not have the TX
date 100% confirmed, but the
attached is as close as | can get to it
at this stage
‘Thanks,
Anneke
‘
4001512 udges Schedule st
This electronic communication and the attached file(s are subject o 8
VW a
lisclaimer which canbe viewed at
i Ityou
‘up awww mulichoice co zaimulichoiceonteavew/enailisclaime,
are unable to view the disclaimer, please email dislaimerq@multichaie.co 2a
fora copy. swon016 “Tot ep eK se pec ah pee eh Nav Nee
National "yp 2"
Twitter erupts after KZN estate agent calls black people monkeys"
(04 Jon 2016 08:50 Jeff Wicks
‘A Facebook comment bemoaning the “monkeys" on New Years Days beaches has lft South African social
‘media outraged.
A social media storm is brewing withthe epicentre over a KwaZuku-Natl south coast esate agent who called
(ew Year's Day beashgoers “monkeys.
Penny Sparrow bad nade the inflammatory poston Facebook, which prompted a mass reaction on social
networking sits,
Inher post she wrote: “These monkeys that are allowed tobe released on New Yeats eve and New Year's
day onto public beaches towns etc obviously have no education whatsoever soto allow them lose is,
inviting huge dit and woubles and discomfort to others,
'm sory to say tha was amongst the revelers and all 1 saw were black on blak skins wht ashame. I do
‘know some wonderfl and thoughtfl black people, This lot of monkey ust don't want to even try. But hike
they ean voice opnicns and get their way of dear," she continued,
“From now on I shall adress the blacks of South Aftica as monkey's a5 Ise the cute litle wild monkeys do
the same, pick and dp liter,” Sparrow added.
“The estate agent ater deleted her post and apologised, saying she did “not mean it personally”
wy
“ficsho covalent. taterrci-a-ton nmin anne hae areme-mimes AID oe | «im
jane pic nh
Sy eons ss
Sot Samsara
‘Beg pop to
ener aot en
‘Sdontbar ony san Samo
‘motocross are
"a 2 en nga per Ns ae
ey Spon
apie my teen made ny to
1 Sateen ead aou he ry eachesen
Dentalah eyo Rat tote
‘deinrsytoconmenan tow tees
ches dee wee one es On)
‘moony yotne tian epenenly oot
Imeetobe spending Syoured
Freer wulhove een rat Ra,
Inte iy raged people fa
Tacs eee ect mya eenacy
Sf Khaya Dianga
EY axnayediange
‘#PennySparrow is "sony if you took” her racism “personally”. So
it's not personal, ist business?
© 7182 AM 4 Jen 2016
wa
4 8107
Attempts to contact Sparrow were unsuccessful athe time of publishing. ~ News2s,
4.1K [ee Cs co
Sux | Ea
postecommant
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My ght SAA de
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‘Comments
eigen ee Se-aeeieeaieltieiereei asa Py Spare eae tc en let NaN MS
National
Penny Sparrow: When racism backlash turns violent
(08 Jan 2016 00:00 Raesss Pather
oo
‘Sparrow recived threats after her "monkey" comment on Facebook went vial. What does the law say?
Her contact details have been shared all over social media, and people have SMSed, called and emsiled Penny
Sparrow about her Facebook post referring o black people as monkeys. While Sparrow bas crime injuria
‘arges pending eyainst er, the incident has aso raised questions about online privacy and harsesment
‘Sparrow's details were obtained from her profil onthe website of Jawite Properties, her former employer,
and shared online, From there, people began sharing screenshots of the WhatsApp messages they had sent her,
some mocking and others threatening he with violence
+ Read: Penny Sparraw: Racism’s sacrificial lamb
‘After Sparrow, Justin van Vuuren also made inflammatory remarks on Facebook that wen vir
‘While white South Afticans have been scrutinised for racism following the Sparrow and Van Vuuren post,
‘Velaphi Khumalo, an employee atthe Gauteng spors, ars, culture and recreation department, raised
eyebrows with his Facebook post that declared bis desire to “cleanse the county of all white people”.
‘Some defended Khumalo's call for violence, saying black people, a targets of discrimination, have the right
to choose how they react to such discriminaion
‘Sparrow's post about black people leaving Durban beaches strewn with liter afer their New Year's Day
festivities provoked an outcry. Allegedly included among the thousands of accusations of racism levelled
against her were death threats
“The Protection from Harassment Act defines harassment as directly or indirectly engaging in behaviour that
bemsesensestselave 51-53 connecnerer-vtensasite-tastinh-tathaiich NO Ane om sean Pn Spare ene sci eet Nee Naa MS
the perpetrator should know “causes harm or inspires the reasonable belie that harm may be caused tothe
‘complainant o related person” through unreasonable ation, such as physically stalking them or sending
abusive messages,
‘This conduct can include “engaging in verbal, electronic or any ther communication aimed a he
‘complainant ora related person, by any mesns, whether or not conversation ensues” The complainant, the
‘Act sates, can apply fora protection order on these grounds
‘Van Vuuren also saw his cellphone number being shared. But, sid Siphiwe Segodi ofthe Freedom of
Expression Insitute, the difference is Sparrow's deals were already available in the public domain,
“What shouldbe determined is whether or nr there is any criminality in making that public information
censly available through sharing it on social media,” ssid Segodi
Last year, the Equality Court told singer Sunete Bridges to remove al posts fom her Facebook page that
consituted hate speech or racism.
“The South Aftcan Human Rights Commission is investigating Sparrow and has said South Africans should
lodge complaint if they see any discriminatory poss
© Raveesa Panera eporter and columnist atthe Mail & Guardian
+ Read more from Ra‘eesa Pather
+ Twiner: @rasdislosy
373 TE aS EE
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[Re : oh
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Zunasskacen Aer die DAwatipend PrnySparow Wis rapes tari about ANC antsy
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pte LUND ‘on cero Eade pet Tn wah ta A
NO LOADSHD
Seen en
#PennySparrowMustFall: Estate
agent feels Twitter wrath after racist. ee
post aegenesonane
aos
> «@ _
pasnesoune- Asse sommes a pene
omy arc an urn Van Vaan spurt wes peop we we
‘he Ouanbeschr ovr bw Cte eld
Ww
etic eee nim vemos Pony Spaene skeet Tt wa er ac patC
Justin Van Vuuren
oar)
| doit care what pl say but | am soso so disgusted
by by the state ofthe Durban beachfront these
people come from their homes or whereever they
liveto erally throw al heir shia over the floor
‘rere igno contol over these snimals! Our
promenade smells ike piss end shit and {hate it!
‘Tre municipality nee to stop thi! Theee ppl ere
‘destroying the beach! Go back backto where you
‘came from and take your 13 kids with you Also
teach them tolook eft and ight before crossing the
‘promenade! They seem to haveno depth perception
‘tert recommend we make our promenade private!
It shouldnt be enjoyed by the scum ofthe nation? Frm
intotal disgust
th Ge comment A Shae
©) ristain Kirk and 22 others ike this,
Kurt Koob kat Mavrodaris
Dude best you delete this.
= =
parton sy she wna cl ek poge moka, vse enya al Esd ates na NCA
anc Spar
‘Thest monkays that are allowed tobe
‘released on New years Eve And new years
day ont public beaches towns ete
obviossly have no education what so ever
0 toallow them looses inviting hage dit
‘and toubles and ciscomvfort to othr.
‘Sorry to say | was amongst the revelers
and all | saw were black on black skins what
{a shame. | do know some wonderful
‘thoughtful black people. This lot of
‘monkeys just doit want to even try. But
think hey can voice opinions about statute
and get tele way dear oh dear -from now
‘Shall adress the blacks of south aia as
‘monlays as | see the cute litte wile
‘monlays do the same pick drop ard
interes
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‘ete on Mew Years Day so you noe taan it
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A seve Seu ia Repro PeySprowRac Common Zonas
South Africa Responds to Penny Sparrow's Racist Comments
2016 has begun with a bang after estate agent Penny Sparrow sparked
massive backlash due to her racists comments posted on her Facebook
profile.
January 42016
2016 is being branded the year for calling out racists after K2N estate agent Penny Sparrow posted racist
‘comment cling black people monkeys on her Facebook profil, which has since been deleted, Sparrow
sparked a socal media onslaught and as ofthis moming, remains publicenemy number one, after her
ost went vial prompting a very useless apology.
Penny Sparrow kicked off 2016 with one racist
Facebook post.
‘though Sparrow who should change her name to Penny Dreaul wold Ike to beleve she was
innocently complaining about the packed beaches during the festive season on Saturday 2 January, she
was merely being a typical racist Here Isher orginal post.
Un
“bo teldendsine ve coz osu hic-eegond-o-panme-toarrowe-racih-commerts ANP ow Saundra Reps aay Spa's Rat Cnet |Z Chaar
Penny Sparrow
These monkeys that are allowed to be
released on New years Eve And new years
day on to public beaches towns etc
obviously have no education what so ever
so to allow them loose is inviting huge dirt
and troubles and discomfort to others. I'm
sorry to say | was amongst the revellers
and all | saw were black on black skins what
a shame. | do know some wonderful
thoughtful black people. This lot of
monkeys just don't want to even try. But
think they can voice opinions about statute
and get their way dear oh dear . from now |.
Shall address the blacks of south Africa as
monkeys as | see the cute little wild
monkeys do the same pick drop and
litter.c5
Sat at 1:3¢
+ Like + 16 15
It wasn't long until people on Twitter and Facebook
Weighed In
‘The #PennySparrowincident is very disturbing. l reported It to the CEO of the EAAB for
Immediateaction. Offical statements will follow.
SRSA RA WARP ow vaso Sum ea Repos Poy Sao’ Ra Canes da Obert
—Menal Simelane (@simelaneme) January 4, 2016
Hey @MTshwete, make sure that #PennySparrow has her passport In order so that she
‘an move toa non monkey country of her choosing
— Khaya Dlanga (@khayadianga) January 4, 2016
Happy 2016 #PennySparrow | have a feeling you're going to get the year you deserve.
— Rob Van Yuuren (@RobVanVuuren) January 4, 2016
https:/twitter.com/MbobyP/status/683871553386328065.
‘justinvanvuuren We may have to address your issue tomorrow. Call #FennySparrow
and start a support group for racists. We are after your job
—tikhulumele (@tikhulumele) January 3, 2016
When she realised she was caught out, she posted
this laughable apology
‘When Penny Sparow ealzed that her comments had gone vl and tat there wa no turning back she
posted an apology, completely mising the mark and sparking further backlash for her lack of
acknowledgment that she sin fact a racist.
fapiesesianesieechencsoesein dane eae Aideeeadinedicaaaiieahe ha? vox
| apologize for my statement | made in reply to a
statement iread about the dirty beaches on new
“years day. | did not mean itto be a personal insult
‘to anyone. It was 2 statement | made in reply to
comment on how ltered the beaches and streets
"were on New Years Day .'m sorry if you have
‘taken it personally its not meant to be a personal
‘hing. Ifyou read it properly you would have seen
lim not Racial in fact help underprivileged
people of allraces. please accept my apology!
‘certainly didnt mean to anger you
Aon
| Penny Sparrow shared Special
Forces Around The World's video.
ahs @
liens i keeieelienth alas hieatiedeneammenta eae vaio ‘Sash Mica Rep Fon Spies Ras Cones ne
Jawitz Properties CEO, Hershel Jawitz chats to 702
about former employee Penny Sparrow's racist
comments. erat Sed aR nny ee Rte Pt Chaar
Penny Sparrow chats to Metro FM
Metro FM decided to give Penny Sparrow a third chance to prove to South Aficans that she is notin fact
the worst person ofthe moment bur she blew It. Firstly by callng the radio station “black people's radio’
then teling Phat Jo she couldn't beleve e was black because he “speaks s0 wel” and proceeding to
defend her comments once again saying they wil blow over by the end ofthe week.
‘Yep, "you people" #PennySpsrrow pic.twitter.com/O2CLzy6rU9,
— Khaya Dianga (@khayadlanga) January 4, 2016
This is not the first time Penny Sparrow has shared
her less-than-desirable racially motivated opinion of
South Africa. Check out her post from 2014.
ae ee waa ‘adh ca Rep Poy Spa’ Rae Commea| ast beat
B Penny Sparrow via YOU Magazine
Doesn't say much for South African justice system, come
toS.A. and get off your murder charges , South Africa
really isa ruined country, a destroyed postal system,
Eskom playing a seriously dangerous game, home
electricity full of irregular readings, we rent and when |
moved into this house there was an outstanding bill of R
157, 000.00 how was this possible for a small domestic
home how come it was left to run for 2 yrs no cut off, it's
alla scam, the dam walls are not being maintained so
that will be the next calamity all our drinking water will
be washed out to sea, what a sad state of affairs, The ANC
have failed the people and their own, none of these
problems when the country was Looked AFTER BY
WHITE EDUCATED PEOPLE, Remember how rich
Zimbabwe/ Rhodesia was when ruled by lanSmith a
grand grand country, Now as my step daughter said
were actually all living on THE PLANET OF THE APES (
same mentality)
She wasn’t the only racist to air out their views
Good morning #JustinVanVuuren. Yes yes we'll make you trend like#PennySparrow
don't worry. #RacismMustFall pc.twtter.com/BmVeLcyPOK
Eusebius McKalser (@Euseblus) January 4, 2016,
Shame on you Penny Sparrow and Justin Van Vuuren,
shame on you. ‘won0i8 Sash ites Pastock px etirgbckpempe s MonES Wes ebay acum RHE on Ara vs Tee
South Africa: Facebook post describing
black people as 'monkeys' ignites debate
over legacy of racism in Rainbow Nation
Penny Sparrow, a retired estate agent, faces criminal charges and is under
investigation by the country's Human Rights Commission over her comments on social
media
Cape Town | Monday 18 January 2016 |
22 years after the end of apartheid, the complex legacy f racism endures in South Atica Getty
South Africa’s ruling party, the African National Congress, has v\ og “W006 Sates Fk mick el ere res ae yc aban New Th,
called for the schools to teach anti-racism and for hate speech
legislation to be strengthened after widespread anger at a viral
Facebook post that described black people as monkeys.
‘The post has ignited debate over the complex legacy of racism in
the Rainbow Nation, 22 years after the end of apartheid. “South
Africans should be taught at a young stage to despise racism,”
said ANC spokesman Sihle Zikalala,
He said the subject should be included on the curriculum of all,
schools in the country.
READ MORE
South a failed state under Zuma the illiterate
clansman
Penny Sparrow, a retired estate agent, faces criminal charges and
~ is under investigation by the South Africa Human Rights
Commission over her comments about black people celebrating
New Year’s Day on a public beach.
“These monkeys that are allowed to be released on New Year's
Eve and New Year’s Day on to public beaches, towns ete,
obviously have no education whatsoever, so to allow them loose
is inviting huge dirt and troubles and discomfort to others,” she
wrote.
“I'm sorry to say that I was amongst the revellers and all I saw
were black on black skins (sic) what a shame.”
Vy ‘on Su ites Fock earig ek le rt snag cnn Noa Nae Ta
These monays hat ae alowed tobe
released on New years Ad ew eos
‘day on to public beaches towns etc
bv ave no etn what eve a
{elon amie nianghoge ik Benny Sparrow,
‘td vsbles and dscentor tater Im
Senytosey wt among vets
‘Sal aw were blak Bc stn what
‘thane. sone wonder
‘hoghtlack people Tis ot of
monkeys st ort want wo even by Bat
‘ne te eanvte plans abot saute
fndget tt nye ch de. rom now
‘Sha acres the chs of son no
‘monkeys 5 Ice the cute lite wid
monkeys do the same pick drop and me
Hieece? :
Rae aaa
Penny Sparrow faces criminal charges for describing black people as monkeys in
a Facebook post,
Boer
Ifconvicted under charges of “unlawfully, intentionally and
seriously impairing the dignity of another” ste faces a fine, but
not a prison sentence. The government has since said it may
strengthen the law to include custodial sentences.
“We will soon investigate creating a specific law or amending the
existing legislation to ensure that acts of racism and promotion of,
apartheid are criminalised and punishable by imprisonment,”
said the ANC’s chief whip, Stone Sizani.
‘The Facebook post caused a social media furcre, and the hashtag
‘#RacismMustFall quickly gained momentum, fuelling the debate
about the legacy of apartheid. A report from the Human Rights
‘Commission found there had been a significant increase in the
‘number of reports of racism during the past year.
‘The charges against Ms Sparrow were brought by individuals
from the ANC as well as the Democratic Allie, the leading
opposition party, which suspended her membership. She Vy
responded to say she had apologised. “I didn’: mean it
Ge, RD Sad An Fac ot ng ek ede mahi at een niartow Naa Nes Thee
personally. I wasn’t being nasty or rude or horrible, but it’sjust
that they [black people] make a mess, It is just how they are.”
‘While South Africa has been largely united in its condemnation
of Ms Sparrow’s comments, some question whether equal
treatment is given to black people accused of discriminating
against South Africa's white minority. A week after Ms Sparrow's
comments, a local government employee in Guateng, the district
that includes Johannesburg, called for white people in South
Arica tobe treated “as Hitler did to the Jews”, “I want to cleanse
OOO ™ Ag=
©) A Day That Shook The World: Nelson Mandela
freed
showall Wn “X01 Su iin Fash gc pee rey! ips ogee Rt Nn Ace Th
In response, he was suspended from his job, and criminal charges
have been brought against him by a 21-year-old citizen, Daniel
‘Amos. But an official investigation is yet to be opened and
neither political party has brought any separate charges.
He subsequently wrote an email apologising “for the comments I
made that do not reflect the ideologies of a democratic society
that are our ideals.”
Businessman Eugene Ripepi, 58, a former ANC member, said
that the ANC and President Jacob Zuma were hypocritical, and
that the war on racism was too one-sided, protecting only the
black community. “Mr Mandela is turning in his grave, he would
kick Mr Zuma out ina flash,” he told The Independent.
But 24-year-old post-graduate Li'Tsoanelo Zwane, said the
country had yet to deal with the legacy of apartheid. “What is
happening now is overt racism coming to the fore, in that racists
no longer feel compelled to conceal their racism.”
“A country where a minority still controls significant amounts of
the economy, is still immensely privileged and is still reaping the
rewards of apartheid can never not be racist,” she added
President Zuma has accused racists of “living in the past” an
expected to exploit the issue to distract from the faltering
‘economy and weakening currency in the run-up to crucial local
government elections later this year.
‘More about: | South Africa ANC| Racism| Social Media
600%
(MORE FROM THE WEB ‘Sorted Uns by Tatoo
Read Books? Here's The Worst Kept Secret Among Bookworms,
oot
10 Most Expensive Cars in the World Vw
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wr sein ‘Sn il ANC et rc in ema ene. Tae
South Africa’s ANC calls for tougher anti-racism laws after ‘monkey'
comment
A series of racist posts on social media has prompted outrage among ordinary South
Africans and the suggestion by the ANC that it use its parliamentary majority to create a
law to jail offenders
Penny Sparow, let. and Chris Hart
By Aislon Laing, Johannesburg
{6PM GMOs Jan 2016
South Africa's ruling party as sad it will push for tougher penalties, including jail sentences,
for those found guilty of racism or apartheid “glorification” after an estate agent provoked
‘outrage by calling black people “monkeys” on social media,
‘The ANC said that current legislation under common law was not a sufficient deterrent to
‘would-be racists. It wants anew law modelled on the German criminal offence of Holocaust
denial
"There are still elements who are resisting efforts for racial unity and are working tirelessly to
‘widen the racial rifts and tensions created by apartheid oppression more than 21 years since the
advent of our democratic dispensation,” the party's chief whip said in a statement.
VW ae se ‘sass ANC cle a gp esa in era comme Tega
“In the context of our painful past, racial bigotry and apartheid must be considered serious
human rights violations that must be punishable by imprisonment."
‘The announcement came after a Facebook post by Penny Sparrow, a white Durban estate agent
in her 60s, emerged on Sundey night in which she denounced people with “no education” who
left rubbish on public beaches during the traditional New Year’s Day exodus to the coast.
‘From now I shall address the
blacks of South Africa as “L was amongst the revellers and all I saw was black on
monkeys,’ Penny Sparrow black skins what a shame,” she wrote. “From now I
wrote shall address the blacks of South Afiica as monkeys.”
DG spar ater apologised and sid she was merely
Cctating the facts”, adding: “We were all saying it."
‘On the same day, a prominent South African banker, Chris Hart, zecused the country’s black
‘majority of having “a sense of entitlement” and “hatred toward minorities” in posts on Twitter.
‘The next day, he was suspended from his job at Standard Bank, which said his tweet had “racist
undertones that do not reflect our values.”
Both posts brought a storm of responses from South Africans, some rejecting the pai
ridiculous and others livid at their prejudice.
s simply
‘Some pages sprang up on Facebook calling for white people to be killed to do away with racism.
is Sparrow’s daughter said her mother had been the subject of a least one death threat.
Columnists and broadcast commentators are now debating keenly whether South Africans were
ever truly united as a Rainbow Nation under Nelson Mandela 20 years ago, or whether the
divisions of apartheid had never really been rubbed away,
Studies suggest the gap between race groups has indeed widened, and point to frustrations atthe
slow pace of change in the country, continued high unemploymen:, rampant corruption and
‘endemic violent crime,
Te Intute of sce and Resosiition sey plled more hn 2200 South Acas nd
49 percent sic war ay sue of ssl vison, compared 13 eet v0 yeas
oat
‘ps So Aan wes in eit bv remem ees win, VV 29008 ‘Sh et ANC cl br nh ier ka cm-l
crimen injuria, a common law offence that rarely attracts more than a moderate fine if @
conviction is obtained,
Pierre de Vos, a constitutional lew expert based at the University of Cape Town, said there was a
“good argument” for criminalistion of racist speech but that interpretations of what constitutes
‘an offence would be subjective and hard to police.
“It also helps to establish and promote societal norms,” he wrote in a blog.
‘ Copyightot Telegraph Madia Group Lined 2016
ee agatha eed eee ae, sco xeon Tw “Pes er ced eso Hp Cw
Pr vine A weston esses y “YP 3"
swam =
ies Gareth Cliff 2 & Follow
@Garethcutt
People really don't understand free speech
at all:
[EEEIEEZ. Roman Cabanac @Romencabanae
Deeply conservative and puritanical society we ve in
68 59
1241 PM -4.Jan 2016
OsOxe2e
* 8 a
| Resly to @caretncitt
6 lesetja masalesa @LeseeMasaiesa Jan
@BaretnCitt you simply meaning itis okay to say things that insults other
people?
* tr 2
View other repies
Gareth Cut caeticitt- Jan 4
BRE Gl.escijeMassiosa Yes itis. You dor't have a right NOT to be insulted, Who has
‘been iying to you"
* 19 woe
View other replies
2pacalypse icamRion Nor: Jané
@GaretnCitt @LeseyaMasatesa is ok? where do you think such “ree speech
's taking us? Monkeys, cockroaches, 90s Rwanda?
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Deeply conservative and puritanical society
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Mmusi Maimane says racist social
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Others say this would be
unconstitutional.
Yes, criminalize 62%
No, unconstitutional © 28%
Undecided 10%
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#GaretnCi no different rom #PontySpartow - he's just smart
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This @GarethOinst weds @MbsiuleF cle toda wath fu. He
can defintely put hin in is placa #GaretnCit #pennysparrow
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Per Sea pin rh Now ea yp ay,
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‘YouMAY IKE, ALL4WOMEN
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rac
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stat Donny Spares Torah Cliechereta receive AlldWomen
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Gareth Clirhasapolgised in the oake ofa beyeott
call on Teter, ater he pu in is to cont worth
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‘stv season, Sptrowconroverialy ferret bee vison to
{ebeoc er "eloro mona WIN
ate ere nl crwth ey Ta pos Wate ek wor
‘Ad former SEM presenter and Citentra creator, Gareth rade ede cos wn
Cit, on Monday came under fe ater he suggested tat oi
Sparrow hs the right to free speech ‘atone Comet nnes
Commenting an olin po abut wheter ret sce med
eee ALLAWOMEN
ADVERTISE HERE
“sore rea ort andersoné fe speech
lcaretn cunt @carincit
People realy dort understand tree speech ata
‘wits cofomancatamacs
12:81 PA 4 van 2016
i
62 WEFKLY OFFERS
Stites aeons un
‘I savement es met with borage of een frm online
srs berating him for segesting tht Sparrow he the igh 0
imate her questionable trance,
Responding to a tweet trom one user wo asked If he is
simply meaning itis okay to say tings that insults other
eople (sk), Cit wrote
"esi You dot have aight HOT Be isles: Who ho been
‘yes terees DONT MISS THESE
: WV var Sonn oft st sre ctig gore at of cs Song catenin:
‘ete ence el et een oh Fetsay ele nan
‘Idols SA, on which he is a judge. lien
Cliff bowever, swallowed his pride on Tuesday craic
{nd adnied ina sterent that he had bez alos =
SScpeutomay Toc trp ana epee
oSiattyeengelanmntrcatiecstoconreerat
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Asean 2018
Seis comnessl ey aw assy haba
pane wip nary one ne
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‘SansurOn cam flame alco epee
: aka oon feeeeeneee
The 10 oe-oaum ps and
Tan bette of
a 7
12:23 PA -S.Jan 2016
208
309
“aa met apis
“hae fp ne pin mon”
PIETY Whats the #1 note in Magaliesburg? °
Dost nto! Subscibe oo ie
Ennsianeat Neves Gareth Cliff #PennySparrow Tweot Causes Outrage
ean 2 OL ee
hock jock Gareth Cliff has once again put himself at
1 centre of controversy.
aroth Cliff apparently sided with the now well-known Penny
sparrow whose racist statements have sparked revulsion
und the country ~ only to do a complete turnaround on
day.
Related: Titer Attacks Penny Sparrow & Justin van Vuuren
ne, Cw pa tT ot ds
Cs]
teats tt gaara
op Sone pen tat Wy ok wg re cnn eo inl cone. seh we ey, Ce
ge th
(Sinn nce "naa
About the Author
it C) issem
No excuse for racism Gareth
us Ew 08 Jara 2316 18225
‘By Megalen Govener and nab Path,
Mogalen Govender and Dinaho Phathi take iesue with Gareth Clif for defending Penny
Sparrow's racially charged comments as free speech.
Dear Gareth Cit,
So, Penny Sparrow ofr to black people as “monkeys, she speaks ofthe shame of ‘Slack on
black skin” and stats hat she wil now adress the blacks of South Aca as “monkeys who pick,
‘drop and liter - and you call this ree speech?
'No matter how you try nd justly this, be it ee speech, freedom of expression or anyother socio-
political theories you ight deem elevant oer actions its acst~and for that there can be m0
Justiicaion,
‘You say i's "readom o' speech’ and that you studied history and you know everything that pertains
to history but sometimes, Gareth, sometimes you just need tobe mind of what you say. You don
‘need to always have an opinion bu, then again, you always seem to have an opinion sbout
everyting
‘Sometimes one can realy fel sorry for some of your fends of colour Everyone ie upiet about tis
‘Sparrow specimen anc you want ust cal?
‘You want people native this land to lek slide, maybe give Sparrow a kgs on the cheek? Maybe
we should say thank you forthe insult? Better yet, shall we lok away just Ike every ne you a
your questionable views? Perhaps you need to educate youself cntheeifference betveen tree
speech, hate speech’ and the fac that ree speech’ stil has to adhere to the laws governing
‘teedom of expression’
‘The letter to government which you wrote fe years ago, yes we sil remember tha, The infamous
tweet about Senzo Meiva's funeral, when you asked who weul be funding it nd tasty, nt $0
long age, you saying tat you would rater leave money o ele at museums or historical cubs than
‘ardg tov evan ng,
U
WY sare (Oh, we cannot forget that you don seem to have a problem withthe struggle of the Arica chi of
colour. You just think thal hey are lazy and just ke to complain. You dent get ido you? Cea
Rhodes was a murderer and a raps yet you si praise him.
Gareth, This isthe aw:
Everyone has the right to reedom of expression which incudes:
'2) Freedom ofthe press and other media
1b) Freedom to receive a
Impar information or ideas
©) Freedom of attic creativity, and
1) Academic freedom and reedom of academic research
BUT tis reedom is nt absolute, Itdoes nt extend to
2) Propaganda for war
b) Incterent to imminent violence,
«) Advocacy of haired thats based on race, etn, gender or religion, and that of constites
incitement ta cause harm.
2
Racismracialcscrimination and hate speech are wrong and
unlawful regardess of perpetrator’ colour be it white or black
Repat to SAHRC
1225 PM-5 Jon 2016
962
01
‘You ae akin this whole recancliation thing very dificult We try on ally basis to ins the
‘values nat Nelson Mandela nad lt bering fer us but en there are people ke you and Sparrow
‘who just seit ft to say anything to anyone when they want to and then hide behind Yeedom of
‘expression
‘You ofered Penny Sparrow the glamorous escape via freedom of expression but, hey, read above,
the bit about racism? How can thal constitute freedom of expression?
(We're sorry Gareth but racist comments do not ty under treedom of expression’ Sparrow's may,
~ Wi ‘The points ha, n this day and age, we do not defend racism nor do we condone it, Teomuch
blood has been thed ging forthe freedom that we now enjoy = and this freedom is bit on the
lives that were sacrificed during our struggle for democracy. To alow his Sparrow o fy away
without any consequences would be a sap in he face of every Souh ican wo recognse the flag
{hat this county fe
* Megelen Govender and Dineho Phati are MOJO (Mobile Journalism) infers a Independent
Metta
HoLMoso UPDATE: Gareth Cliff makes racist
blunder
JOBURG - Radio personality Gareth Cliff has apologised after seemingly
defending Penny Sparrow's racist remarks.
January 5, 2016 ‘According to eNCA, Clif tweeted that people cary do not understand
fee speech
Cif later apologised, explaining that one cannot stand up for racism,
'¥e boon aninsonsvsssol many tines Tis wal saga wn
te Kote commons e Pan Swab has poet ma, But st.
‘scknwtege he pated ange so meson Te wo
ug wou ny way condone tate 08 you
eugttwason be secre eet,
| assnos wa wae al anadyh ayesmentabout how youcant
and up FOR acum tk mane Cea ap00gs6 =
seer,
roger tre speech and hate pase nes cane
ny eacaion
[Gareth Cliff @GarethCltt
12:23 PM- 5 Jan 2016
234
+309
Many people were however not satisfied with is apology, and called for
him to be boycotted
z
‘DJ Fresh (Big Dawg) @D.JF res.
@GarethCitf #FreeSpeech vs, #HateSpeech bro... Easy
to blur the lines if you were never really a vitim of the
nett
6:41 PM-4 Jan 2016 - Randburg, South Affca, South
Attica
VW nape Gareth Clif is trash. Say it with me,
4:03 PM-§ Jan 2016
a
8
g
a | #TweaderSAChallenge @randniz
What Gareth Cif & the likes fail to apprehend with hate
‘speech is that one's freedom to an opinion should no:
infringe on the next person,
7:54 AM -5 Jan 2018
55
42
The actions of former JawitzPropartis realestate agent, Penny Spatrow,
who hasbeen ostraised for her rail social mela posts, have been
condemned by her employ
Spactow, made racial srs after New Yen?’ Day in social media post
‘where she referred to black people ae monkeys.
Short after she posted the passage, went vl and has had South
ican ina social meda upoat.
[NCA has since reported that her employer has aunched an investigation
into the comments she made inthe pos, wth ouitz CEO, Herschel awit
Penny, who sno longer an employee at Jit, has since responded that
she refered to the black people on the beach as monkeys because she
‘thinks that they ae cute
‘Te company has dstanced themselves from the exagent and she ssi
enduring the ul fore ofthe backlash from the racial socal media pos.
Also read
“Blackpeopleare monkeys" post goes vir
“Racit”twoet lands Standard Bankemployee in hot water
\\N oe 'YP 6"
‘Begin forwarded message:
From: Lani Lombard “Las
Date: 20 January 2016 a 1740.41 GMT#4
‘To: Pilppa Marques ,"Okyerehes
‘AmpotorAni< : Davio Milo
“dato milo@webbensenize com>, tani Ravele ua Rale@ranet ca.za>
Subject: Media queries Gareth Clif prior tthe 8th
Some ofthe media queries received prio tothe 8th
Regaris
Lani
From: Ketcihale Moteothata
Date: Wedresday05 January 2016 at 11:34 AM
“or tani tombard tan lombard@mnet coz
Irv Pooe
Subject: Gareth Cit Socal Media Comments
Dear Mime
{am Kotha frm The New Ape newsppe nm esting Ls coment allowing
‘ocala outage nat ls presenter Gareth CM Uses cle for Cube ed
[sowng his alleged dence of conor eal exe agen Peay Spar’ comnens
ek Foe cia tas tue peck”
hit its poops would eto find ot what ste meso ix comments at
ee ieharecepcint reer
WW ne Looking fore your response, pty by pm am working om deine
Much espe
Kebotal Moats
Tle New Age sen
From: Andrew Roberson
Date: Wednesday 06 anuary 2016 at 1:23 PM
To: Lani omberd lanombandmnscaza>, vin Poe
Good day,
‘Andrew Robertson from Independent Online here, rst tha you are well
{Lam sure hat you are awe, regarding the “ieedom of speech” conments Idols
SSA Judge Gareth Cliff made recently on Twiter and subsequent later
apologizing
T have complied afew questions on M-Nets tke on this stance:
= Will M-Net be taking any action?
= fot, why?
= Has M-Net’ social media policy been broken in any way? as CLs one of|
‘the faces commonly know with the brand,
~ Has M-Net done anything regarding the saga?
~ And finaly, Idols SA will be kicking off auditions very oon forts next
‘season, do you think viewership and auctioncers will be affected?
Renard
[Androw Roberson
Mutimedia urate Independent Onine
Mobile, 004727 7159 Tel +27 (0)91 208 2574 | Fax. 27 (0) 5191209
Website: yansioca.2a
‘tee @insevfoen nd F2C0bOOI: Anew Rbertson
trae enn Sut be FO Boe 4776, ree, 023.
(Nenana ncaa Py
From: Sphelele Ngubane sphelele reubane@inlcn a>
WY ee Date: Weenesday 05 anuary 2016 at 2:21 PM
To: Chery Reddy
Date: Thursday 67 January 2016 at 12:04 PM
‘or Lani Lombar
Subject Prot rleae rout
od sernoen tn
ried phoning bur you werent avaiable. We ar looking fors pres release or
commentary reguding the station with Gareth C's future at Met afer the Penny
Sparcow nientand Marat Groeewatd sid you were the gh parson to contain
tris regar
| would realy appreciate # you would be ale the me.
Ki vegacds
Neweine
on3ese130
From: Bafana Naimande “isha Naimaaeeara o>
Date: Friday 08 anuary 2016 2t 9:52AM
“or Lani Lombord ars ombasdmet cn 25>
Subject Gareth Cf idle postion
Hi Lani,
‘Aspe ou teletone conversation, kindy forward me M-Nes’ statement on Gareth
cut
Please include neon your medialis
Regards,
Bafana Neimande
eNCA multimeis report
(0g2 771508
073 5720233, ‘This e-mail ie subject ta our I egal Notice, to view our diselsimer cick ans
From: Thembaletw Zulu <2uulOsundautinesco25>
Dete: Friday 08 nuary 2016 at 209M
To: tat Lombard
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