CASE NUMBER: 32/2007 – XULU, NDLOVU & MARWA VS YFM – DIGNITY

In a program consisting, inter alia, of traffic reports, the discussion turned to the finalists of a competition for the best taxi drivers in Gauteng.  The presenters, in a lighthearted way, referred to the fact that there were no Zulu finalists in the competition.  This led to a lot of laughter and the repetition of the words “drummies” and “izinkabi” (meaning assassins) in describing Zulu people.   Complainants admitting, and Tribunal finding, that there was no incitement to cause harm.  There was thus no question of hate speech in this instance.  Although the words were used in a lighthearted manner to describe Zulu people, it is clear that the effect of the words, when judged objectively, was to ridicule the Zulu people.  Respondent admitting that broadcast could have been an affront to the dignity of Zulu people and apologizing to Complainants.  The Tribunal, in order to protect dignity of minority groups in our young democracy, finding that clause 38 of the Code of Conduct had been contravened, especially so in the light of the so-called taxi wars.  No question here that the right to dignity of Zulu people was overridden by a legitimate public interest.  Sanction deferred until written representations by the parties had been considered.  Complaints upheld.