The South African Human Rights Commission (SAHRC) called for immediate action after a threat of sexual violence against Jasintha Ngobeze-Zuma, leader of the March and March party, appeared on social media.
In its statement to the media, the SAHRC strongly condemned the alleged threat, warning that calls for rape and sexual violence cannot be considered legitimate political speech.
The Commission emphasized that the Constitution of South Africa guarantees freedom of expression and peaceful assembly, allowing people to advocate for various political views and beliefs within the law. The SAHRC noted that 'threatening or calling for the rape of anyone is a criminal offense and can constitute hate speech.'
The SAHRC pointed out that women, non-binary individuals, activists, and journalists regularly face persecution and threats of physical, sexual, and other forms of violence. The Commission stated that 'this trend must stop,' adding that women and other vulnerable groups must be able to exercise their political rights and enjoy fundamental rights without intimidation.
High rates of gender-based violence (GBV) and intimate partner violence were highlighted in South Africa, with approximately 43,000 rape cases registered annually in the country. According to the SAHRC, the messages directed at Ngobeze-Zuma demonstrate 'the audacity of gender-based violence.'
The Commission also appealed to social media platforms to take responsibility for published content and ensure that their services do not amplify hate speech or gender-based violence. Furthermore, it urged law enforcement agencies to urgently identify and arrest the alleged perpetrator so that they can face full legal punishment.
The SAHRC strongly recommended the prompt implementation of the Hate Crimes and Hate Speech Prevention Act of 2023, calling it a 'powerful deterrent' against such incidents.
Following the publication of a post on Facebook allegedly calling for her rape and murder, Ngobeze-Zuma filed a criminal complaint. The ANC party also condemned these statements, but confirmation from the police and a reaction from the suspect have not yet been received.
This social media post caused public outcry, as Ngobeze-Zuma warned that such threats cannot be ignored in a country battling the crisis of gender-based violence and femicide (GBVF).
Ngobeze-Zuma opened a case at the Central Durban police station on October 6 against a 29-year-old man named Sello Lemonka Gembe. He presented himself on social media using the activist's photo and wrote: 'I want this one ba mo recipe and after unalive.' This phrase translates from Sesotho as a call for the rape and subsequent murder of Ngobeze-Zuma. Gembe, who is from Tonga in the Northern Cape and works in the Department of Education, reportedly continued to defend his statement despite warnings from other social media users about possible legal consequences. The activist has filed charges of defamation, conspiracy to rape and murder, and unauthorized distribution of her images.