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SAHRC says FBJ claims mischievous

10th April 2008

By: Sapa

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Forum for Black Journalist's (FBJ) chairman Abbey Makoe's claims are "mischievous" and "untruthful", the SA Human Rights Commission said on Wednesday.

Makoe said the FBJ only heard that it was going to be "banned" last Friday and that the finding amounted to a "judicial ambush". His remarks followed the SAHRC finding on Tuesday that the organisation's blacks only membership policy was unconstitutional.

In a statement the commission said the FBJ had been given sufficient opportunity to respond to complaints that it excluded some members of the media from a function with ANC president Jacob Zuma based solely on race.

It said Makoe had "conveniently omitted" to share with the public that the SAHRC had written to him on March 4, requesting a response by March 18. When no response was received it wrote to him again on March 17, and again received no reply.

"Clearly, it stands to reason that Mr Makoe and his organisation were indeed given sufficient opportunity to respond to the complaint against them."

The SAHRC said the panel discussion -- an open session on racism following the complaint -- was never intended to be a substitute for the commission's normal procedures.

"The SA Human Rights Commission refutes mischievous and untruthful claims... that... it only dawned on them [the FBJ] that the commission had dealt with the complaint against them through its legal procedures only on Friday , April 4; and was deliberately lulled into a false sense of expectation by the commission chairperson [Jody Kollapen]."

On Tuesday Kollapen said the commission found in favour of
complainant Katy Katopodis of Radio 702 that an organisation such as the FBJ was unconstitutional. The commission also rejected Makoe's claims that it had, in effect, banned the FBJ and criminalised blackness.

"The FBJ can continue in its activities but should do so within the parameters of the Equality Act which provides that the exclusion of particular people solely on the basis of race is prohibited."

The SAHRC maintained that it would have no problem with the forum should it amend that part of its constitution relating to membership and open its doors to anyone who subscribed to its principles. This included being committed to the advancement and empowerment of black journalists.

"In addition the commission rejects suggestions that it is opposed to the advancement of the disadvantaged though programmes such black economic empowerment and affirmative action," it said.

Concluding the commission's finding on Tuesday, Kollapen said he expected "arrows" to be fired in his direction and that he may be labelled a racist.

"I have in the past few weeks been labelled a racist by white people. I am expecting I will be labelled a racist by others. "I will take the arrows that come," he said.

He said the commission did not undertake the work it had been mandated to do with the intention of making friends.
"We welcome and expect criticism," he said.

Earlier on Wednesday the Democratic Alliance supported the
commission's finding, saying it upheld the Bill of Rights.

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