South Africa is one of those nations that push individual liberties and rights to the fore. However last year, the South African Human Rights Commission had asked the country’s police minister Nathi Mthethwa to apologize to Chumani Maxwele for wrongful arrest carried out the previous year. The commission also noted that many of Maxwele’s rights have been violated.
It might be recalled that Chumani Maxwele was arrested for raising his middle finger at President Jacob Zuma. The court ruled that there was no law preventing anyone from giving a one finger salute at anyone, including the president.
Responding to the Commission’s observations, Mthethwa however refused to apologize, stating that an apology from him would endorse the damages claim filed in court by Maxwele. Maxwele had claimed a compensation of 1.5 million rand ($215, 000) for wrongful arrest.
Maxwele, a student had shown his middle finger at the president, when his convoy was passing. He was arrested and detained for a day. He was later charged with crimen injuria, which meant intentionally and seriously affecting the dignity of an individual. He was also charged with resisting arrest.
The charges were later dropped after Maxwele gave a letter of apology. FW de Klerk Foundation, a socio-legal organization had taken up the case on behalf of the student. The foundation pointed out that the President’s security had forced him to write the letter, after forcefully taking him in a car. The president himself had however not spoken on the matter.
South African laws on individual freedom and liberty ranks high, and human rights affairs are monitored and maintained very effectively. Raising a middle finger at the President or for that matter on anyone is seen as offensive. However was this confrontation worth it?.
The president’s security should have ignored it, rather than try and confront it. With the foundation hitting back and a damage claim already in place, the president’s office is now on the defensive. The president’s security from now on would obviously try and ignore such raisings in future.
The president had unfortunately chosen to fight the raised middle finger, in an effort protect his self-dignity. He however forgot the values of freedom and dignity that allowed his countrymen to use their middle finger, because it belonged to them.
Unfortunately middle finger rising from now on would be embarrassing for the president, because more people would be tempted to show the middle finger. Even if the president’s security, intentionally or unintentionally opt to ignore the finger, they would be a laughing stock for the rest of the crowd.
For the time being however, President Zuma would dread the middle finger being raised, much more than a gun.
