Israeli in S. Africa sues neighbor over Nazi graffiti

Israeli in S. Africa sues neighbor over Nazi graffiti


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EDWIN NAIDU, THE JERUSALEM POST Aug. 24, 2005

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An Israeli-born textile businessman is challenging his South African neighbor in the country's recently-established Equality Court over paintings of a swastika, a German war decoration and writings he said were anti-Semitic and offensive.

Yaron Fishman, a Jew who moved to South Africa 17 years ago, said his neighbor, Gerald Barkhuizen, painted the graffiti on the fence outside his property in White River, in Mpumalanga. The incident took place last month, following a petty dispute over a dog kennel.

Fishman, who moved to Mpumalanga a year ago after living in Cape Town, has filed a notice to take the matter before the Equality Court in what would be the first "hate speech" case to come before the body, which is empowered to rule on any form of discrimination in South Africa. The papers are being finalized and are expected to be served to Barkhuizen within a week.

South Africa's Equality Law (also known as the Promotion of Equality and Prevention of Unfair Discrimination Act), which prohibits hate speech, came into effect in 2000 and was amended two years later.

Jody Kollapen, the chairperson of the South African Human Rights Commission, confirmed that the commission would represent Fishman in the case. "Barkhuizen said the paintings are art, but Fishman believes they were directed at him because of his identity. Therefore, we believe the court should hear the matter and consider it within the context of the Equality Laws."

Fishman said the graffiti was drawn on the fence surrounding Barkhuizen's property, facing the public, and was an insult that exceeded Barkhuizen's right to freely express himself. The anti-Semitic images included a swastika and an iron cross (a German war decoration) and also included the phrase "offensive bastard" in Hebrew and Greek.

Fishman said the incident took place after he asked Barkhuizen to move a dog kennel that was on the border of his property. "The slogan appeared the next morning after we had begun cutting bushes to start building a wall," he said.

"Seeing those signs came as quite a shock because they were so extreme and full of malice," Fishman said, noting that he had previously enjoyed good relations with his neighbor.

Fishman said he wanted the matter resolved soon, before his father, a Holocaust survivor, arrived from Europe to stay with him. "Knowing what he experienced during the Holocaust, I would hate for him to be humiliated again," he said.

"My hope is that this case will become popular and contribute to a better South Africa," Fishman said.

His neighbor, however, believes he is being wrongly persecuted for his works of art.

Barkhuizen, who has moved out of his house reportedly because of death threats, said he had no ill feelings toward Fishman. "I am an artist. It is my house and I have every right to draw murals of freedom struggles and wars," he said. He has received numerous threats since the case surfaced.

"I am an anti-war person," he said. "I would like all governments on Earth to be peaceful." However, he added, he was not happy with his neighbor for helping spread a number of "untruths," including that he was racist.

"I am no liar. I paint murals, and I am not anti-Jewish. I am just enjoying my right to be free to paint," he said.

Barkhuizen said the paintings were a demonstration of his view of the world. "I don't go to public walls or government building walls. I paint on my own property's walls," he said.

"If I write that Osama bin Laden is a spiteful bastard, is that wrong? After all, he was responsible for 9/11," said Barkhuizen.

"He [Fishman] can do what he likes on his walls. As a South African I can do what I like on my walls, and he can take me to court should he wish," he said.

Kollapen said freedom of expression was not an unqualified right. "In the South African context, the right to dignity and equality is worthy of equal treatment and protection, if not more," he said.

David Saks, associate director of the South African Jewish Board of Deputies, said Fishman was quite justified in believing that the graffiti was aimed at offending him.

"Not only Jews suffered at the hands of the Nazis during World War II, but Jews were certainly Nazism's most high-profile victims and were the only people singled out for systematic destruction simply because of who they were. It is for this reason that people wishing to give offense to Jews the world over commonly resort to using Nazi imagery," he said.

Saks added that, during eight years at the South African Jewish Board of Deputies, he found Nazi references to be the most common form of anti-Jewish harassment.

"It strains credibility to claim that the placing of Nazi symbols, accompanied by insulting slogans – in part in Hebrew, in full view of Fishman – have nothing to do with his Jewish background," Saks added.




An Israeli-born textile businessman is challenging his South African neighbor in the country's recently-established Equality Court over paintings of a swastika, a German war decoration and writings he said were anti-Semitic and offensive.
Yaron Fishman, a Jew who moved to South Africa 17 years ago, said his neighbor, Gerald Barkhuizen, painted the graffiti on the fence outside his property in White River, in Mpumalanga. The incident took place last month, following a petty dispute over a dog kennel.
Fishman, who moved to Mpumalanga a year ago after living in Cape Town, has filed a notice to take the matter before the Equality Court in what would be the first 'hate speech' case to come before the body, which is empowered to rule on any form of discrimination in South Africa. The papers are being finalized and are expected to be served to Barkhuizen within a week.
South Africa's Equality Law (also known as the Promotion of Equality and Prevention of Unfair Discrimination Act), which prohibits hate speech, came into effect in 2000 and was amended two years later.
Jody Kollapen, the chairperson of the South African Human Rights Commission, confirmed that the commission would represent Fishman in the case. 'Barkhuizen said the paintings are art, but Fishman believes they were directed at him because of his identity. Therefore, we believe the court should hear the matter and consider it within the context of the Equality Laws.'
Fishman said the graffiti was drawn on the fence surrounding Barkhuizen's property, facing the public, a"