Human Rights Commission SA

Complaint lodged with the HRC on 18/01/2010 wrt Frans Henke's statement 'If they return, we'll braai them' [The Cape Argus 18/01/2010]

The correspondence between the HRC and myself on this webpage is sorted in ascending date order.

From: Tseliso Thipanyane TThipanyane@sahrc.org.za

To : Barbara Volkwyn

CC : Mamosadi Moletsane; Sebongile Mutlwane

Date: 20/01/2010

Good day

The email from yourself addressed to the office of the Chief Executive Officer of the South African Human Rights Commission is hereby acknowledged with thanks.

Kindly be advised that the contents of the email have been forwarded to our complaints registrar

Ms Sebongile Mutlwane.

Her contact details are:

Tel: 011-484-8300 ext 2113

Fax: 011-484-1360

Email: smutlwane@sahrc.org.za

To follow up on your complaint please contact the above person.

Kind regards

Julie Steffers, PA to the Chief Executive Officer

___________________________

[From : Sebongile Mutlwane

To : Barbara Volkwyn; Penny Carelse

CC : Mamosadi Moletsane

Date : 21/01/2010]

From: Juliette Steffers On Behalf Of Tseliso Thipanyane

Sent: 20 January 2010 04:04 PM

To: 'bvolkwyn@uwc.ac.za'

Cc: Sebongile Mutlwane; Mamosadi Moletsane

Subject: FW: Complaint - faxed

Importance: High

Good day

The email from yourself addressed to the office of the Chief Executive Officer

of the South African Human Rights Commission is hereby acknowledged with thanks.

Kindly be advised that the contents of the email have been forwarded to our

complaints registrar Ms Sebongile Mutlwane.

Her contact details are:

Tel: 011-484-8300 ext 2113

Fax: 011-484-1360

Email: smutlwane@sahrc.org.za

To follow up on your complaint please contact the above person.

Kind regards

Julie Steffers,PA to the Chief Executive Officer

___________________________

Our reference: WC/2010/0037

19 February 2010

Per email: bvolkwyn@uwc.ac.za

Dear Madam

RE: Your Complaint

The South African Human Rights Commission acknowledges receipt of your complaint as received by us on 29 January 2010. The Commission was set up to investigate violations of those rights that can be found in the Bill of Rights, which is Chapter 2 of the Constitution.

Your complaint has been assessed and the Commission is of the opinion that the issues that you have raised are a clear violation of the rights to human dignity as contained in the Bill of Rights under Section 10.

Accordingly it is our view that the matter needs to be litigated in the Equality Court and thus am advising you of the said intended action.

We will assist you with bring the application and would therefore request that you kindly contact the writer in order to discuss the matter and arrange a follow up consultation at your earliest convenience.

Yours faithfully

South African Human Rights Commission

Western Cape

Per: Bianca Valentine

Legal Consultant

___________________________

From: Barbara Volkwyn [mailto:bvolkwyn@uwc.ac.za]
Sent: 19 February 2010 04:56 PM
To: Bianca Valentine
Subject: RE: YOUR MATTER

Friday 19th February 2010 16:55

Dear Ms Valentine

Thank you for responding to my complaint.

If I have to bring the application rather than the HRC then I will gladly do so.

Thanks for offering to assist me with the application. I will be at the High Court on Wednesday morning from 9:30am to 10:00am so I could come and meet you after that. If this is not convenient kindly advise and I'll arrange a more convenient time.

Yours faithfully

Barbara Volkwyn (Ms)

___________________________

>>> Bianca Valentine <BValentine@sahrc.org.za> 2010/02/19 05:34 PM >>>

Dear Madam

Please be advised that I will avail myself between 11 and 2 on Wednesday.

Please feel free to attend at my office to discuss the matter further.

Regards

___________________________

Dear Ms Valentine

Yes, it does, thank you.

I have one question for you. I spent some time surfing the net yesterday and noticed that quite often the HRC brings applications before the Equality Courts themselves. Why are you not taking this matter forward yourselves?

Regards

Barbara Volkwyn (Ms)

___________________________

Monday 22^nd February 2010 16:30

Email: Barbara.volkwyn@gmail.com

Dear Ms Valentine

Your reference: WC/2010/0037

As mentioned earlier today I spent some time surfing the internet yesterday for cases where the Human Rights Commission has brought before the Equality Courts themselves. I found many.

You stated earlier during our telephone discussion that you would handle the legal argument side of this matter but that the case would be lodged in my name. In your letter to me you stated that you would assist me with this matter.

Here are my concerns. I have just read two articles this afternoon which alleges that the ANC is leading a march tomorrow again. Thus far, this has been denied by the ANC. See : http://www.sabcnews.com/portal/site/SABCNews/menuitem.5c4f8fe7ee929f602ea12ea1674daeb9/?vgnextoid=f9ad0241794f6210VgnVCM10000077d4ea9bRCRD&vgnextfmt=default ANC accused of plan to drive Zimbabweans out of De Doorns and http://www.ewn.co.za/articleprog.aspx?id=33170 ANC denies knowledge of proposed march.

There are a few documents published on the net where again it is alleged that the ANC or certain members of the ANC was/were behind the xenophobic attacks in De Doorns. E.g. http://fromtheold.com/news/anc-behind-xenophobic-attacks-de-doorns-2009112515875.html and

in another report on the net : http://schwartzerwitz.blogspot.com/2010/01/de-doorns-xenophobia-simmers-on.html, it is alleged that ?Sowetan reported last year that ANC ward councillor Mpumelelo Lubisi first allegedly incited a meeting to ?destroy the houses of Zimbabweans?.

I am deeply disturbed by these allegations to say the least.

I would therefore like you to respond in writing as to why you, as the Human Rights Commission cannot bring the application before the Equality Court yourselves. In 2006/2007, the head of the Cape Town branch of the HRC (he may still be the head) told me when I visited your offices and questioned a particular section of the Access to Information Act, that that specific part of the Access to Information Act had not yet been tested in a court of law and advised me to bring an application in the High Court to test that part of the Act!

Yours faithfully

Barbara Volkwyn (Ms)

___________________________

Tuesday 22nd February 2010.

Dear Ms Valentine

With regard to the letter below, could you please reply before 4pm today? Depending on your answer I may / may not come to your offices tomorrow morning.

Yours sincerely

Barbara Volkwyn (Ms)

___________________________

Dear Madam

Please note that this matter has been referred to Adv Goosen for assessment and recommendation.

He will revert directly with you regarding your email.

Regards

Bianca Valentine

___________________________

>>> Leonardo Goosen <LGoosen@sahrc.org.za> 2010/03/02 12:37 PM >>>

Dear Ms Volkwyn

As you are aware, Ms Valentine is currently dealing with your complaint relating to certain utterances by a certain Pastor Henke. Since your request is that the matter be brought before the Equality Court by the Commission itself, this matter will have to be referred to our National Legal Complaints meeting. I am currently preparing a memorandum in order to motivate for your position. It has however come to my attention that you do not provide us with any address or other contact details for Pastor Henke. In terms of our complaint handling procedures we cannot accept a complaint unless these details have been provided. While I appreciate your referring us to the reporter from the Cape Argus, our procedures dictate that the complainant provide these details.

Since I have been requested by my National Office to prepare the necessary memorandum by tomorrow, I would appreciate it if you would provide me with the necessary details today still.

Yours faithfully

SA HUMAN RIGHTS COMMISSION

per:

ADV LJ GOOSEN

PROVINCIAL MANAGER

___________________________

Tuesday 2nd March 2009 ; 2:10pm

Dear Advocate Goosen

Firstly I would like to draw your attention to the email below. On the 23rd February Ms Valentine advised that you are now dealing with this matter. In your email just received you stated that Ms Valentine is dealing with this matter. ???

I will be sending a fax to the Argus shortly. However you and I both know that this information will not be furnished. From previous experience with matters legal, they are most likely to insist on a subpoena or worse, simply refuse to furnish the information. Again, you and I both know that the press frequently take these matters to court or contest the court action and fight tooth and nail to withhold information of this nature.

You have not yet replied to my letter dated 22nd February 2010 and emailed at 4:30pm. I therefore assume from the contents of this email that you are not prepared to move forward with this matter yourselves. If you had any intention to do so, you would not be asking me to furnish you with the information you have requested and addressing me as the complainant. I was informed by Ms Valentine that this matter was referred to your JHB Office.

The deadline you have set is ridiculous and it won't be met - that is a certainty. I am not prepared to subpoena the Argus for the details you have requested - I will merely send them a fax requesting the information and refer their response to you.

I am requesting again that you use this email address for your correspondence.

Yours faithfully
Barbara Volkwyn (Ms)

___________________________

Dear Ms Volkwyn

I place on record that I regard your e-mail as extremely antagonistic and not helpful to the process which you have initiated with our offices.

I place on record further my telephonic conversation to you on even date wherein I sought to clarify some of the issues raised by yourself in the e-mail under reply. Once again I was faced by an antagonistic Complainant who sought to prescribe to me how to deal with the matter and who made inappropriate comments which appeared to question the motives underlying my advices.

I confirm that I explained the procedure relating to intake of complaints at the Western Cape Town office. Thus Ms Valentine?s advices that I would assess the matter and make recommendations is correct. After my assessment and recommendation I forwarded the file to her for further handling. I re-iterate that I am seeking permission from National Office to institute proceedings in the name of the Commission, however, as previously mentioned, complainants are required to furnish particulars of Respondents in order for the Commission to proceed. Unfortunately, should we not be in receipt of these, we will be unable to proceed further with your matter.

We trust that this provides the necessary clarification

Yours faithfully

Adv LJ Goosen

Provincial Manager

Western Cape

___________________________

Tuesday 2nd March 2010 ; 3:09pm

Dear Advocate Goosen

It is abundantly clear from your utterances that without contact details from me, you cannot proceed or will not proceed. I cannot help but wonder what your reaction would have been if a similar remark had been made about the President or a member of Parliament. This was a complaint about hate speech directed at Zimbabweans in De Doorns. Your offices ought to have acted swiftly from the beginning as Jody Kollapen had done in the past on at least one occasion. Just bear in mind that this display of hate speech made world news headlines.

You have more resources at your disposal than I have or will ever have, to acquire the information you require.

In the past I have written letters upon letters to your office with regard to the gross abuse of my late father's constitutional rights as well as those of my brother and myself but your office did not even have the decency to respond (see www.isaacvolkwyn.com). So if you find my attitude or email antagonistic then so be it. There is a history of the HRC not wanting to take appropriate action when it comes to my complaints.

Yours faithfully
Barbara Volkwyn (Ms)

___________________________

<LGoosen@sahrc.org.za>to Barbara Volkwyn <barbara.volkwyn@gmail.com>
ccBianca Valentine <BValentine@sahrc.org.za>
date3 March 2010 12:21

subjectRE: YOUR COMPLAINT

Dear Ms Volkwyn

Subsequent to our e-mail exchanges yesterday, I have made contact with The Head of Programme: Legal Services, Ms Danaline Frnazman (Tel. 011 484 8300) who has advised that we would not be able to proceed without the contact details of the Respondent. She advises that although we have a mandate to investigate alleged violations of human rights, we have limited resources and budget. We accordingly look forward to receipt of this information at your earliest convenience. This may be provided to Bianca Valentine. Once I am in receipt of said information I will motivate to National Office for the Commission to proceed in institutional capacity (as Complainant) in the Equality Court.

Yours faithfully

Leonardo Goosen

___________________________

2^nd March 2010

The Editor

The Cape Argus

St Georges Street

Cape Town

Dear Sir

I have lodged a complaint with the HRC against Pastor Franz Henke with regards to the �We�ll braai them��.

Without contact details, the HRC says they cannot proceed.

Are you prepared to let me have the contact details?

Kindly advise soonest.

Many thanks.

Yours faithfully

Barbara Volkwyn (Ms)

8^th March 2010

Dear Ms Volkwyn

Thank you for your fax. I have considered your request, and unfortunately we cannot supply you with the pastor's details. The reason for this is quite simple - he made the comments in a public forum, and we do not have his details. My suggestion is that you see whether he's listed in the phone book, or perhaps can be found via Google - maybe searching for his name will show up what church he's with, and their address/phone number can be used?

I wish you the best of luck.

Kind regards

Natasha Joseph

News editor

Cape Argus

Tuesday 30th March 2010

Dear Advocate Goosen, Ms Valentine

Your reference: WC2010/0037 [The De Doorns matter]

I apologize for not meeting the second deadline I set for myself to report back to you. I am still ill.

I'd like to draw your attention to an extract of an email I received from the Editor of the Argus, Natasha Joseph dated 8th March 2010. I requested the contact details of "Pastor Frans Henke".

[[Thank you for your fax. I have considered your request, and unfortunately we cannot supply you with the pastor's details. The reason for this is quite simple - he made the comments in a public forum, and we do not have his details. My suggestion is that you see whether he's listed in the phone book, or perhaps can be found via Google - maybe searching for his name will show up what church he's with, and their address/phone number can be used?]]

I searched telephone directories in South Africa and did not find an entry for Frans Henke. I then surfed the net for many hours spanning a few days and at least one other person known to me surfed the net as well. We found absolutely nothing about the man. I then contacted someone who spends time at the refugee camp in De Doorns and asked him to try to find the contact details of this man. He asked some people and he made some telephone calls. He also spoke to the mayor. No-one has any information on this "Pastor" and prior to the article printed in the Argus (which has since appeared all over the net), no-one ever heard about him. It therefore appears that this "Pastor" does not exist. The person I contacted said that he was beginning to get threats from people in the location because he works with the refugees in the camp. He also informed me that there are many people who are looking for "Pastor Frans Henke" but they too are having no success.

As I stated previously there is an article on the iol website where someone made the following remark:"Hey isn't this the same "Church" that threaned to "Braai" foreigners in De Doorns". The church being referred to is the Nazareth Baptist Church, also known as the Shembe.
You may read it yourself - the link to the article is http://www.iol.co.za/index.php?set_id=1&click_id=13&art_id=vn20100119041043364C524541.

Apart from the paragraph above, there is nothing on the internet and no-one spoken to thus far has heard of him. De Doorns is a small town, if there was a Pastor who had returned from an afternoon service as stated in the Argus, surely someone questioned thus far would have known who he is.

In conclusion, it is therefore pointless pursuing this matter any further. I am not even prepared to waste energy and time contacting the Argus about the article they printed and their source even though I feel that someone ought to do it.

You may therefore close this complaint.

Yours faithfully
Barbara Volkwyn

8^th April 2010

Dear Madam

The above matter and your email dated 30 March 2010 refer.

Please be advised that as per your instruction, we will now proceed to close your file.

Yours faithfully

Bianca Valentine

Legal Consultant

South African Human Rights Commission

Western Cape

Tel: +27 (0) 21 426 2277

Fax: +27 (0) 21 426 2875

email: bvalentine@sahrc.org.za

www.sahrc.org.za

______________________________________________________________________________________