Faizel Patel, Radio Islam News, 2014-04-02

After a 16 year legal wrangle, Radio 786 and its license holder, the Islamic Unity Convention (IUC), has finally reached a settlement with the South African Jewish Board of Deputies (SAJBD).

On Tuesday the Jewish board announced that it is withdrawing its complaint over a broadcast in 1998 without the condition of an apology.

During proceedings the parties noted that a settlement had been reached and that both sides will lay the matter to rest in the interest of media freedom and South Africa’s democracy.

At the centre of the dispute was a programme broadcast on 8 May 1998, which featured Dr Yakub Zaki  as a guest speaker on the topic of “Zionism and the State of Israel – an in-depth Analysis.

The programme coincided with the 50th anniversary of Israel’s establishment.  

SAJBD contends that the broadcast amounts to advocacy of hatred based on race that constitutes incitement to cause harm ("hate speech") and accordingly that it constitutes a breach of the applicable code of conduct for broadcasters.

Whilst recognising that some Dr Zaki's comments may have been viewed as anti-Semitic, Radio 786 maintains that the broadcast does not amount to advocacy of hatred based on race or that it constitutes incitement to cause harm and accordingly does not constitute a breach of the applicable code of conduct for broadcasters.

“In fact Yakub Zaki at the time even offered to come on air and voluntarily apologise…But SAJBOD wanted an apology from us and this is what this whole thing spins around,” Ali Mia Chicktay the secretary of IUC told Radio Islam.

For the past sixteen years, both Radio 786 and the SAJBD have fought to vindicate their positions and beliefs.

“In the spirit of Ubuntu and in the hope that South Africa and all its people and communities will grow as a result of this experience, both sides have agreed to close this chapter by this settlement,” the parties said in a joint statement.

Radio 786 recognises that the broadcast caused offence and distress to members of the South African Jewish community. SAJBD, on the other hand, recognises that there was no intention of Radio 786 to cause any such offence or distress.

The statement concluded: “Both parties reaffirm their commitment to freedom of speech and a pluralistic society in which the dignity and equality of all are respected and protected.”

“This case ultimately was about media freedom. It was about wanting to curtail media freedom. They wanted to control what we broadcast, that is censorship,  that is clamping down on media freedom that we fought against for 300 years,” said Chicktay.  

(Twitter: @Faizie143)