‘Put racists on a register,’ Eastern Cape judge tells the government

A highly charged court case in the Eastern Cape may end up having some rather large implications for the rest of South Africa. Judge Victor Nqumse has suggested that people convicted of crimes with a racial element – ranging from assault to hate speech – should be listed on an official government register.

Eastern Cape K-word case ‘could set national precedent’

Nqumse was presiding over matters involving Dianne Horwitz. The defendant called a local handyman
“the K-word”, labelling him stupid and berating the worker in public. She faced two charges of assault and crimen injuria, but only the latter was upheld and she was convicted on the grounds of her verbal abuse.

Mirroring the Vicki Momberg case, Horwitz is now – in the eyes of the law – a convicted racist. This prompted Judge Nqumse to wrap-up the verdict by claiming that “these type of offenders” must be logged:

“In light of the seriousness of the racial attitudes harboured by some in our society, the time may have come for the government to consider establishing a ‘register’ of offenders for this type of conduct.

“The purpose of this would be to enter the details of those who relentlessly treat the foundational values that underpin our constitution with disdain and who undermine the efforts in building a cohesive non-racial society.

“This may also serve as a constant reminder to anyone that, to refer to other people of a different race with disparaging and degrading descriptions is contempt to the progressive agenda this nation adopted in 1994.”

Judge Nqumse in the Eastern Cape High Court

Would a ‘racist register’ fly with South Africans?

For many, this idea would be a welcome step in the right direction – those who choose to use such horrible language are generally perceived to be deserving of strict legal punishment. But others believe that being convicted of a crime based solely on something you say is an attack on free speech, no matter how abhorrent the context.

It’s an issue that promises to be controversial, and South Africa’s twisted marriage of race and legislation looks set for another round of counselling here. We’re awaiting official confirmation from the provincial ANC, to gauge whether the “racist register” is an option they’d consider chasing.

Sjoe, busy week in the Eastern Cape High Court. First, there was the “arrest warrant” issue with Julius Malema. Now, Judge Nqumse has suggested putting convicted racists ‘on a government register’… pic.twitter.com/LghN6mAGgY

— Tom (@WiggumCharm) February 27, 2020