Libel versus freedom of the press



It’s strange to hear about a case like that of the Zuma painting in South Africa.  From an American perspective, such as painting is nothing to get worked up about.  But in South Africa it’s enough to drive a highly regarded lawyer to tears.

What is this painting?  Called “The Spear” it’s an image of the President of South Africa in the style of a Lenin figure with his genitals exposed. 

On one side are the protestors, the supporters of the African National Congress ruling party, who believe that his painting is clearly wrong and that it is offensive to portray the President or any black person in such a way.  On the other side are those who argue in the constitutional right of free expression. 

The leading lawyer, Gcina Malindi, argued for the removal of the painting based on the indignity of it.  But when the judges retorted that there was no way to remove it from public circulation, given its prevalence on the internet, he broke down crying.

Malindi had been imprisoned and tortured on Robben Island during apartheid, and bringing up the history of the struggle for democracy in the country brought him back to those original emotions.  He requested a postponement of the trial, which was granted.

Will this only fuel the fire of the protests or will it calm the beast?  We shall have to wait and see.  

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