A hate speech case by the Cape South African Jewish Board of Deputies was “pure intimidation and harassment” and aimed at “muzzling me”, said Mariam Jakoet-Harris who has been hauled to the Equality Court over 10 Instagram posts that the board alleged were antisemitic and anti-Zionist hate speech.
The posts include a picture of a Star of David being thrown into a rubbish bin and, in a call to boycott Cape Union Mart, a statement saying: “We boycott because the only language they understand is money. They are driven by GREED.”
In her answering affidavit, filed in court on Tuesday, Jakoet-Harris denied she held any hatred towards Jews and rejected “those who engage in anti-Semitism or any form of Jew-hatred as much as I reject those who engage in Christian, Muslim or Arab hatred”.
Her posts on Instagram, when viewed in context, were targeted at Israel and its nationalist ideology of Zionism, she said. “I strongly object to the applicant’s conflation of Jews with Zionists and Israel.” She attached to her affidavit another post of hers that said “Judaism is beautiful. Zionism is not. The end.”
She said the board’s case would see the Equality Court recognise Zionist belief as a protected category under the Promotion of Equality and Prevention of Unfair Discrimination Act. This was “absurd” and similar to asking the court for an order to declare that apartheid was a protected category, she said.
In her affidavit, Jakoet-Harris described her family upbringing, with her grandparents and parents living and suffering under a racist and repressive regime in South Africa. “Apartheid was not accepted or tolerated by the international community. International condemnation of apartheid took the form of arms embargoes, withdrawal of investment, boycotts of products ... and economic sanctions,” she said.
It did not take an expert to “recognise the similarities between what was imposed on black people under apartheid South Africa and the suffering endured by the people in occupied Palestine”, she said.
At the time she posted, the Israeli bombardment of Gaza had commenced and the severity of the attacks “made it clear that the Israeli Defence Force was engaged in a strategy of annihilation of the Palestinians in Gaza”. South Africa had launched its genocide case in the International Court of Justice, which was based on “detailed evidence of the atrocities”, she said. The “atrocities and abuses” were filmed and “gleefully” displayed on social media by Israel soldiers themselves, which inflamed people with feelings for victims. Yet the board was silent on these atrocities, said Jakoet-Harris.
The board claimed to represent the Jewish community, “but in fact does not”. It should be made to account for its silence “in the face of such gross transgressions of International Humanitarian Law”, she said.
This was the context in which her statements should be seen, said Jakoet-Harris.
She said the picture of the Star of David that she posted was blue in colour, as it is on the Israeli flag. The blue Star of David was adopted as the official emblem of Israel. When displayed this way, it was “a Zionist appropriation that is being binned and not the adherents of the Jewish faith”.
Nor was it hate speech to say what she said in calling for the boycott of Cape Union Mart. She was warning people to boycott goods that would profit a business that supported the Israeli genocide in Gaza, said Jakoet-Harris. “Boycotts constituted a legitimate tool to show opposition to the apartheid regime in South Africa,” she said. Businesses that supported Israel were being boycotted worldwide.
Jakoet-Harris had also posted about boycotting a business that had “gentle whiff” of genocide. In her court papers, she said the owner of the business was Zionist who was “suggested as supporting the Israeli genocide in Gaza”. She denied any hate speech in the post.
Another was a repost to her followers of a post that called on people participating in a global boycott to stay off social media that day because “Instagram chief” Adam Mosseri is “Jewish-Israeli” and “Facebook chief” Mark Zuckerberg is “Jewish”.
Jakoet-Harris said this was intended to convey that “influential American Jews are likely to censor anti-Zionist activity. It is a demonstrable fact and does not constitute hate speech,” she said.
Another quoted “Isa” as saying: “Mama, can’t Allah make them all extinct?” It followed with a line saying: “God willing, the next generation will be the change we need in the world.”
In her affidavit, Jakoet-Harris said the question from Isa was about why God did not intervene against Israel. The mother “suggests that the current generation of Palestinians (adult Palestinians) are unable to win against the Israeli state because they are being bombed ceaselessly.
“She suggests that the Palestinians who survive will continue the struggle.” Jakoet-Harris denied this is hate speech.
The Cape board was unable to provide comment by the time of publication. This report will be updated, or a follow-up published, once its comment is received.
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