Godrich Gardee’s ‘limpet mines’ threat could blow up in his face

Economic Freedom Fighters (EFF) secretary-general Godrich Gardee’s veiled threat to bomb a rally organised by evangelist Angus Buchan for Afrikaner worshippers may land him in hot water if the organisers and Buchan decide to press criminal charges.

Mathew Moodley, director of Eastern Cape law firm Mathew Moodley & Associates Inc, said Gardee’s conduct amounted to hate speech and harassment. According to him, Gardee’s threat of using violence created a reasonable belief that harm may be caused to people intending to attend the rally, which is to be held at Loftus Versfeld Stadium in Pretoria next February.

“The threat … is a threat of violence. His conduct amounts [to] a contravention of Prevention of Harassment Act of 2011. It is open to organisers of the rally and/or pastor Buchan himself and/or anyone else intending to attend the rally to invoke civil or criminal remedies against him,” Moodley said.

Last week, the EFF politician shocked many when he published a tweet in which he said the stadium needed to be booby-trapped with limpet mines prior to the date and “let’s see what happens to the only people who have a covenant with God”.

Buchan had announced his plan to hold the rally called Staan op vir Jesus for Afrikaners, although other people were welcome. He explained: “This time the emphasis will be on the Afrikaner nation. We are calling out to God, remembering only two nations have ever been in covenant with the God of Abraham, Isaac and Jacob. They are the Jewish people and the Afrikaans people, that is a fact.”

But the KwaZulu-Natal-based evangelist and farmer later issued an apology on Facebook for his statement: “Having stated that the Jews and the Afrikaans peoples were the only two nations that had a covenant with God is totally wrong and for that statement, I humbly ask your forgiveness.”

Later Gardee deleted his tweet, but it had been widely circulated with retweets including publication in online newspapers. Afrikaner civil rights organisation AfriForum’s deputy chief executive Ernst Roets called for Gardee to be prosecuted.

“This is not only hate speech, it’s incitement to violence. Godrich should be prosecuted,” he tweeted.

Moodley said if Gardee was charged with assault, which did not have to be physical harm, the state would have to prove he had the intent to do grievous bodily harm.

“Assault is a common-law offence and contravention of the Intimidation Act is a statutory offence. Basically, in this case, we are dealing with a case of violence. The Bill of Rights guarantees right to life and to freedom of security of persons and that also entails a right to bodily security.

“Freedom of Association implies the right to hold the rally and to be free to exercise the right of security of person and a right to bodily integrity.”

He said the threat was in conflict with Bill of Rights and organisers of the gathering could also apply to court for a declaration of rights in terms of the constitution’s section 38.

“It is also important to consider the impact the threat would have on the people who may be influenced by Mr Gardee’s comments. His conduct can be said to be an incitement of violence.

“The threat to kill people in large numbers using bombs is certainly illegal.”

Meanwhile, African Transformation Movement president Vuyo Zungula has asked the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities to investigate what it termed “racially divisive statements” allegedly made by Buchan.

“We interpret this as an abuse of religion and a direct infringement on the pillars of the democracy we so passionately fought for.” 

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