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MIDDLE EAST CONFLICT

Party divisions on SA genocide case against Israel – newbies Change Starts Now, Rise Mzansi in support, Maimane’s Bosa says it’s a ‘misstep’

Party divisions on SA genocide case against Israel – newbies Change Starts Now, Rise Mzansi in support, Maimane’s Bosa says it’s a ‘misstep’
Illustrative image | Patricia de Lille (Photo: Dwayne Senior/Bloomberg) | Julius Malema (Photo: Gallo Images/Frennie Shivambu) | Songezo Zibi (Photo: Leon Sadiki/Bloomberg) | Roger Jardine (Photo: Richard Huggard / Gallo Images) | Mmusi Maimane (Photo: Gallo Images/Fani Mahuntsi) | John Steenhuisen (Photo: Dwayne Senior/Bloomberg) | Pieter Groenewald (Photo: Theo Jeptha/Gallo Images) | Gayton McKenzie (Photo: Gallo Images/Rapport/Edrea du Toit) | Smoke rises from Israeli air raids on 13 October 2023 in Gaza City, Gaza. (Photo: Ahmad Hasaballah/Getty Images)

The International Court of Justice in the Hague will hold its first hearing in South Africa’s genocide case against Israel on Thursday. Which South African political parties back Pretoria’s case against Israel at the World Court?

Political parties are divided on their positions on the South African government’s decision to approach the International Court of Justice (ICJ) with an application for Israel’s military assault on Gaza to be declared as genocide. 

The Israel-Gaza war takes on a new dimension as South Africa enters a general election year and its political parties kick into higher gear with electioneering.

New kid on the political scene, Roger Jardine’s Change Starts Now, which launched in December 2023, has taken a strong but measured stance in support of South Africa’s case against Israel at the ICJ. 

“We in South Africa well know that despite immense historical oppression and suffering, there is a path to peace, to reconciliation, and to shared futures — through accountability, pragmatism and a constitutional, inclusive democracy. We also know that a true path to peace requires leadership and vision,” said Jardine in a statement on Tuesday evening. 

“It is in that light that we welcome the International Court of Justice’s (ICJ) hearing later this week for provisional measures relating to Israel’s obligations under the Genocide Convention. The ICJ is the principal judicial organ of the United Nations, and its ruling will provide impetus to and consolidate opinion within the global community as to how a lasting peace based on human rights and social justice can be achieved.”

The party also firmly endorsed the United Nations General Assembly’s resolution calling for an immediate ceasefire. 

“We further call for the immediate and unconditional release of all Palestinian prisoners and all Israeli hostages and for full humanitarian access to Gaza, consistent with obligations under international law,” Jardine continued. 

The DA took a more moderate line on South Africa’s case against Israel at the ICJ, saying “any country has the right to approach the ICJ. The DA will await the Court’s findings.” The party has previously faced both internal and external contestation on its handling of the issue. 

“It is, however, a great pity that the South African government has consistently ignored gross human rights violations on our own doorstep,” added the DA’s spokesperson on international relations, Emma Powell.

“The DA continues to support a viable two-state solution as per the relevant UN Security Council Resolutions and calls for an urgent mediated settlement to this abhorrent war,” said Powell.

South Africa filed the application at the International Court of Justice (ICJ) — the principal judicial organ of the United Nations (UN) — on 29 December 2023, accusing Israel of genocide in its war on Gaza, and seeking to halt its attack on the enclave, pending the court’s final decision on whether Israel is perpetrating genocide.

Read in Daily Maverick: ​​How South Africa seeks an order to stop the carnage in Gaza and prevent a genocide

South Africa’s 84-page application details what it says are atrocities committed by the Israel Defence Forces (IDF) against the civilians of Gaza, of which more than 23,000 people have been killed and more than 50,000 wounded, according to Gaza’s Health Ministry. 

International aid organisations have been sounding the alarm that famine is looming and a public health crisis is unfolding in the region, with the UN humanitarian chief, Martin Griffiths this week describing Gaza as “uninhabitable”.  

The application by South Africa and the response by Israel will be heard on Thursday, 11 January and Friday 12 January. 

Israel has denied that it is committing genocide in Gaza and has accused South Africa of aiding and abetting Hamas by bringing the case to the ICJ. 

Read in Daily Maverick: What Israel is likely to say in its defence at the International Court of Justice

Support from political quarters

Also fresh on the political scene, Songezo Zibi’s Rise Mzansi has backed South Africa’s genocide case against Israel at the ICJ. Rise Mzansi has “previously called for impartial, international investigations into war crimes and other gross abuses of human rights in the conflict,” Zibi told Daily Maverick.

“As a UN body, and with Israel (1949) and South Africa (1998) being signatories to the Genocide Convention, the Thursday hearing falls within the scope of that call, and we support it. We also hope that unlike before when its orders have been routinely ignored, this time will be different,” he said. 

Like Rise Mzansi, the Economic Freedom Fighters (EFF) and Good have both issued particularly strong statements in support of South Africa’s genocide case against Israel. 

The EFF said it stood “in full support and solidarity with the decision taken by the South African government to file an application before the International Court of Justice (ICJ) against apartheid Israel.”

The move to ask the ICJ to declare that Israel has violated the 1948 Genocide Convention by deliberately trying to destroy part of the Palestinian people, the red berets described as a “bold and commendable step towards seeking justice and accountability.”

The EFF continued by “earnestly” calling on the international community to rally behind South Africa’s application. 

Good’s Brett Herron said South Africa’s application to the ICJ was a “welcome attempt to deliver justice to Palestinian civilians who are being unjustly collectively punished for Hamas’ attack on Israel on 7 October 2023”.

Not all in favour

The Patriotic Alliance (PA) described the South African government’s genocide case against Israel as “a joke”, and accused the government of taking sides and having “never been clear on condemning Hamas”. 

The crisis in the Middle East has caused a rupture in ANC-PA relations in recent months, with the ANC looking to cut ties with the PA after it took a strong pro-Israel stance on the conflict. The ANC has a longstanding history with Palestine and has openly supported the Palestinian cause.

Read in Daily Maverick: ANC NEC supports cutting ties with ‘dictatorial’ EFF and pro-Israel PA in municipal coalitions

PA leader Gayton McKenzie in November 2023, said his party was willing to relinquish working with the ANC in Johannesburg, rather than change course on its stance in support of Israel. But, in a response to Daily Maverick on Wednesday, PA national spokesperson Steve Motale took a slightly more temperate line on the party’s position.

“We have never taken a side, except to push for a genuine two-state solution, which would bring the violence to an end. We have also been clear from the start that we condemn Hamas, who themselves preach and pursue policies and actions of clearly stated and performed genocide… We support a free Palestine too,” said Motale. 

Like the PA, the African Christian Democratic Party (ACDP) accused the South African government of taking sides by lodging its court case with the ICJ. 

“While the ACDP mourns the loss of innocent lives on both sides of the Israel-Gaza war, we believe that the South African government could have played a far more constructive role in influencing Hamas to release hostages after the deadly attack on October 7, and even to surrender, to avoid the loss of civilian lives, and to seek to bring about a lasting peace in the Middle East. 

“Regrettably, by now taking sides by lodging this court case with the ICJ, it can no longer play a role as an honest peace-broker,” the statement by ACDP leader Rev Kenneth Meshoe read. 

Read more in Daily Maverick: Middle East crisis news hub

The ACDP also believed that the South African government will not be able to prove that Israel has “the necessary genocidal intent against the Palestinian people as required by the Genocide Convention”.

Mmusi Maimane’s Build One South Africa (Bosa) was of the view that the courts are not an “appropriate mechanism to achieve the peaceful resolution of the conflict in the Middle East.” The party has previously come out strongly in support of Israel

“South Africa’s very own history shows that to resolve conflict, everyone must gather around the negotiation table in good faith and with level heads. 

“South Africa should be using its resources to figure out a peaceful resolution to end violence, protect lives, and arrive at a two-state solution. Protracting the battle instead of resolving it is a misstep by the ANC government,” said Bosa’s Graham Charters. 

The Freedom Front Plus’ Corné Mulder said while the party was “very concerned about the loss of life during the Hamas-Israel war”, the “court case by the ANC government is a tragic political stunt to try and rescue some credibility of this discredited failed government.”

“The question is why could the ANC not muster the courage to take Russia to the ICJ in the case of Ukraine,” he said. DM

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  • Glyn M says:

    Hear hear! In a nutshell:
    “The FFP said the “court case by the ANC government is a tragic political stunt to try and rescue some credibility of this discredited failed government.”
    “The question is why could the ANC not muster the courage to take Russia to the ICJ in the case of Ukraine,” he said. DM

    • Jill Davies says:

      Spot on! I fully agree.

    • James Francis says:

      This a hundred times. Where is the action against Russia’s war crimes?

    • Denise Smit says:

      RM and SA Now has shown its face

    • Ari Potah says:

      “why could the ANC not muster the courage to take Russia to the ICJ in the case of Ukraine”
      Simply because Russia has not committed any form of genocide in Ukraine. Do some REAL research and ignore the presstitutes of the MSM if you want the facts.

      • Ben Harper says:

        HAHAHAHAHA

      • Michael Thomlinson says:

        Oh really? You obviously have not followed the WAR. I personally spoke with an emergency paramedic that head been working on casavac helicopters in Ukraine and she mentioned that 300 hospitals and countless schools had been targeted and taken out by the Russians. If that is not an attempt at genocide then I don’t know what is. If the ANC had condemned Russia then I think they would have the moral high ground to condemn Israel but they do not. The other issue is that we, the tax payers, will be liable for the costs of bringing this application to the ICJ and I think SA has more pressing internal problems to deal with where money would be better spent.

      • John P says:

        Ukraine has the USA and Europe on their side, why have they not taken Russia to the ICJ?

  • Coen Gous says:

    Find the different political parties view on this case of particular interest. The one by the DA is particularly interesting. Their response on this article certainly is not the same as issued a few weeks ago, and lead to a number of protests in Cape Town. Now in my opinion they are shifting their stance considerably, previously in strong support of Israel. Now trying to shift the focus. Does not give one great hope for the future, but do like what Songezo Zibi had to say.

  • Senzo Moyakhe says:

    Well, fence-sitting is the only option that the DA sees in this matter. There is the matter of the Western Cape Coloured community, a big part of their constituency but which has a substantial Muslim representation, and on the flip-side the SA Jewish Board of Deputies, upon whose toes they dare not tread…

    Hmmm, quite the conundrum isn’t it?

  • Paul T says:

    In these polarising matters political parties should embrace leadership by taking a principled stance rather than worrying about the balance of opinion within their constituencies. Mandela wasn’t just a mouthpiece of his support base. If he held a principled belief he went with it and convinced his supporters to follow him. If he just played to his audience do you think he would have worn the number 6 jersey at the 1995 world cup?

  • Bill Gild says:

    While this is by no means the first case to come before the International Court of Justice, it features layers of complexity, both historic and contemporaneous, that defy simplistic analysis.
    However the court rules – a fairly rapid injunction, or a much later final judgement – will be keenly observed (and, undoubtedly, bitterly contested) by many.
    What effect any injunction(s) or final judgement will have, remains to be seen, but that this is a landmark case is undeniable.

    • Peter Holmes says:

      I agree with you; the Israel-Hamas issue defies simplistic analysis. Even the dictionary definitions (cf. Oxford English and Webster’s) differ with regard to the nuances of their respective definitions. Has Israel gone into “overkill”? Probably. Is Israel deliberately attempting to wipe out the Palestinian people (as Hamas wishes to do to Israelis)? Probably not. As you rightly point out, a landmark case.

    • Moraig Peden says:

      “What aboutism” and “it’s complicated” are regular refrains from hard liners who don’t want to acknowledge the cruelty being inflicted on Palestinian people. For some strange reason these hardliners often consider themselves to be “Christians”!

      • Rama Chandra says:

        Christianity is what drove colonialism, so perhaps it is no surprise that it also drives this neocolonialist state to commit the same atrocities we saw in the Americas, in Australia and in Africa. It puts the “moron” in the oxymoron of “Civilised West”.

  • Bob Dubery says:

    The DA’s position is a two-state solution arising from mediation, and they call the war “abhorrent”. I don’t know what is so bad about this. It’s about what UCT got called “woke” for.

    I suppose the problem with such a mild, uncontroversial position (for UCT as well as the DA) is that it offends the left and the right.

  • Gareth Dickens says:

    The trouble with our saviours in waiting aka DA is that they seem more a party of vested funder interests than a credible alternative government. Take away the ANC bashing and what do you have? An unremarkable party with little imagination!
    Can anyone tell me what the DA education policy might be? or a foreign policy position that excludes Russian or Zimbabwe whataboutism? The answer to every question is “remove the ANC”…..and then what?

    • Ann Bown says:

      You called it just right!

    • Sibusiso Mchunu says:

      I agree Gareth it appears as though the DA is overly fixated with calling out the obvious instead of developing a constructive strategy of what they would do if in power.

    • Hidden Name says:

      Wow – thats quite the chip you have on your shoulder. So whats your considered viable alternative then?

    • Rama Chandra says:

      Exactly right. Any policy they claim will alienate some voters, so they don’t state any policies. Then again, a technocracy would be such a big improvement on the ANC that perhaps it is not policies that should drive voting behaviours.

  • Christopher John Wiseman says:

    I believe the Government is correct in it’s condemnation of Israel and the excessive violence inflicted on the civilian population of Gaza. However their moral compass is flawed in that the same condemnation is not applied in the case of Russia and its indiscriminate bombing of Ukraine. This is a cheap election ploy to try and win over the Coloured vote in the Cape (many of them Muslins). I trust they see it for the ploy it most certainly appears to be.

  • Citizen X says:

    Let’s not get lost on the issue, Palestinians are being murdered by the day. I wonder if they were of more Israeli/European origin what the UN resolution outcome would have been????

  • Johan Buys says:

    it is unlikely that 15 judges will (given how partisan views for and against are in general globally) find against Israel. They won’t have genocide verdict but they won’t have verdict that says Israel is correct. Not guilty on fraud does not mean there was no fraud, merely that the case was not proven.

    Likely outcome therefore is that this is not genocide.

    Likely consequence of the outcome thereafter is that whenever a crazy guy goes batshit somewhere, his camp will say ‘but ja what about Israel, you can’t come after our guy’.

    “what-about” seems to be the opening line to every debate nowadays, despite it being an invalid answer.

  • Edward Vermaak says:

    We further call for the immediate and unconditional release of all Palestinian prisoners and all Israeli hostages and for full humanitarian access to Gaza, consistent with obligations under international law,” Jardine continued.

    Very idealistic. There is no way you can bet for both sides in this one without offending the other. Sorry brother. Given the situation all a but impractical. Not while you are burning people alive and throats throats.

  • Henry Henry says:

    More relevant would be the stance of the leaders of massive christian churches like the ZCC with millions of members. It might negatively impact on the support of the ANC.

  • Dennis Bailey says:

    It’s relevant that this issue gives fodder for parties to wax and wane about not entrenched SA issues like poverty, violence and education about they have no imaginative strategies. Support for the case or not is just the latest red herring to score a few votes.

  • Carsten Rasch says:

    The ANC, for once, has done the right thing, but I have no doubt that they have not suddenly overnight turned into a party with principles. They certainly have not, and I hope voters see through this scam.

  • Denise Smit says:

    Now the ANC is suddenly an angel

  • John Lazarus says:

    I am now ashamed and embarrassed to call myself a South African. South Africa has chosen to align itself with a group of barbaric terrorists whose only objective, which they have openly stated, is the destrucion of the state of Israel and the killing of Jews. Israel did not want a war. Hamas started this war and committed the most horrific crimes of rape, torture, murder and beheadings of innocent men, women and children in order to get a reaction from ignorant people who do not understand the basic principle of action and reaction. SA willingly fell into the trap of disregarding the barbaric acts of October 7 and only looking at the reaction which Hamas planned by using the Palestinians as human shields. Shame on SA.

    • Denise Smit says:

      I said exactly what you said and DM has not passed it but thank you.

      • L T. says:

        Yet DM passed a blatantly antisemitic remark about noses…..What are we to make of that????

      • Vincent Britz says:

        If you came into my house first, raping and killing my people first and then take my people hostage so you can use them as a bargain tool!!! Sorry to say I will rain all kinds of hell down on you till their is nothing left!!! So I for one agree with Israel 100%!!! Hurt me, I hurt you worse!!

        • Kanu Sukha says:

          About coming into your house first … Did you forget that 70+ years ago, you with the help of the (‘great’ sic) British/American axis ‘created’ the state of Israel (co-incidentally Pakistan also) on Palestinian territory ? Consider what Ben-Gurion the father of that apartheid state said in writing long before it was even proclaimed … ” The Arabs will have to go, BUT one needs an opportune moment for making it happen, such as war”. Voila … more than 70 years later they have found in Natanyahu (and his gang – with its leader desperately trying to avoid an Israeli jail … not unlike Trump in the US) the person to conduct such a genocidal war … not just in Gaza but the West Bank also ! Talk about American penchant for ‘forever’ wars … this is going to be longest by far … and most embarrassing one . This is going to be Israel’s Nuremberg … except as the defendant. There is an observation in psychology that most ‘abusers were themselves abused’ … who would have thought that the victims of the holocaust would perpetrate their own ? Ask someone like Andrew Feinstein .. remember him as the ANC member who parted ways with it because of the arms deal ?

      • dexter m says:

        I also sometimes have issues , will write the same response after being rejected , and it will pass. I think moderation is based on what the moderator at the time thinks is acceptable.

    • Errol Gunn says:

      Well said John.

    • Alexis Kriel says:

      Agree 100%

    • Agf Agf says:

      Spot on John. I agree 100%. Did the British “feel sorry” for German civilians during World War 2? Did Americans “feel sorry” for the Japanese after the atom bombs were dropped? No, because it was a war and it had to be won. The Gazans are complicit. They knew and supported Hamas before, during and after 7 October. They turned out in their thousands to spit on the raped and broken bodies of Israeli women. Israel is not targeting them but they are the unfortunate victims of a war they helped happen.

  • Peter Dexter says:

    Corne Mulder is spot on. In fact I would not be surprised if Putin orchestrated the Hamas attack on 7th October, via his proxy Iran, to start this war and deflect the world’s attention from his similar genocide in Ukraine?

  • What confuse me the most is why our government never took Russia to the ICJ for their war crimes committed in Ukraine

  • Geoff Coles says:

    It’s political posturing, selective moralisation, by the ANC Government given their anti- Israel stance for decades and their support for terrorists.

  • Denise Smit says:

    DM does not allow for freedom of speech. Pass only one side of the matter. How can this be?

    • Dou Weich says:

      I agree with you, DM is not unbiased in its articles and moderation of comments. As an example, take their stance and wording used when it comes to all matters related to Donald Trump.

    • John P says:

      It is not DM itself that moderates the comments so rather blame the other readers who for some reason felt your comment should not be approved. The problem that I do see is that a comment is often passed because there is no context and when taken in context it becomes offensive or misleading.

  • maniemayman says:

    No party who utters any kind of support for Israel and its treatment of Palestinians will get my support in the elections.

  • What are SA political parties’ & Daily Maverick’s opinions on the
    mass genocide of Christians in Nigeria?

    What are SA politicians saying about the Chinese Muslim concentration camps?

    • Kanu Sukha says:

      About the “Chinese Muslim concentration camps” … Are you referring to the surveillance system that Israel developed and uses on the Palestinian people, which in China is condemnable … but not in Israel ? The only pathetic defence I can offer for its use in China … is that at least the regime is not or does not drop bombs day after day, on that captive/occupied people . Which is sadly ‘cold comfort’ for its victims. Remember, that it is the same system in Israel with which the occupying regime keeps a ‘tab’ on not only journalists, but family members also … and at any given moment ‘eliminate’ any of them . Have you kept tab of how many during this war since ‘October 7’ alone, ignoring all the others over many decades, like well known Shireen Abu Akleh (Christian) recently ? I think ‘assassination state’ rather than ‘democratic state’ would be an apt description . Even Rabin was not immune to it! And guess what … the ‘west’ (representing no more than 10% of the world population !) endorses it … or worst still, turns a blind eye to it. It is not surprising that not a single ‘western’ state has supported the SA application to ICJ. It tells you everything one needs to know about it’s ‘ethical compass’ or more like the total lack thereof .

  • Denise Smit says:

    Barbaric and criminal attack

    • Kanu Sukha says:

      Following the sensible and factual SA presentation at the ICJ a short while … I assume you must be looking forward to the Daliesque Israeli/US presentation tomorrow ? No doubt … they will outdo Dali … or even Trump for that matter.

  • Denise Smit says:

    Not deadlier

  • As an ex SA I am embarrassed by the support SA gives to Hamas but as SA has elected to be part of the axis of evil Iran Russia and China, this is to be expected unfortunately.

    • Kanu Sukha says:

      I am pleased to note that you refer to yourself as ‘ex SA’ … do you mean from the apartheid era … and still stuck in that mindset of privilege … and could not tolerate the arrival of ‘democracy’ ?

  • Harry Singh says:

    SA has many humanitarian issues of its own such as Crime, Murder, Robbery, infrastructure destruction, Electricity issues, Mafia State, water crisis yet we stick our noses into a conflict where we need not be involved but rather solve problems of our own. My suggestion is that we take our government to the ICJ on humanitarian issues.
    Furthermore, why aren’t countries like Sudan, Afghanistan, Pakistan, Saudi Arabia are not hauled before the ICJ for gross human rights violations. Our government needs to really prioritise their stance.

  • This issue is clear if onr does a litte bit of reading..
    >Protocols of Zion
    Outlines a plan for the community in several countries
    >The responsibility of Europe for the treatment of European Jews during and after 2nd World War
    >Israel.. Our Duty Our Dilemma.. by Pike
    >Leopold Weiss.. . Autobiography
    >The 13th Tribe
    >They Dare to Speak Out.. by
    Congressman Findley
    *Emminent Jews Views*
    1. Rabbi Weiss
    2. Rabbi Shapiro
    3. Normal Finkelstein
    4. Haaretz Editor.. Levy
    5.The Generals Son

    >

    • Ben Harper says:

      Your reference to Finkelstein, the crackpot academic that international academia has shunned for his erratic, dystopian and often outrageous views has taken away any credibility your post might have had

      • L T. says:

        Please enlighten me Ben as to this comment about Danny Finkelstein. I am unaware of any controversy regarding him and have not been able to find any info supporting your comments.

    • dexter m says:

      You could add Hannah Arendt and Yeshayahu Liebowitz books

  • Grimalkin Joyce says:

    Just a thought: can anyone tell me how much support (economic and otherwise) we get from Hamas and how much from Israel? Another thought: how much is this junket costing the taxpayer whilst our children are starving. Viva Democracy.

  • Arthur Webb says:

    Surely the country requires more than a greeter level of integrity of integrity from our civil servants? The need is for well educated persons as well who are not beholden to political parties but to the state itself, i.e. a proffesional body of men and women who place allegiance to the country above that of personal political belief. Here the quickest way to achieve this is for the state to sponsor under graduate studies of students of those willing to sit a stringent entry exam at the end of these studies to qualify for admission to the ew profession, much as is required for the C.A. qualification.

  • Geoff Woodruff says:

    Corne Mulder’s comment is spot on.

  • Alexis Kriel says:

    Where does Action SA stand? I need to decide who I’ll vote for – definitely not the ANC.

  • Sam Shu says:

    Not that two wrongs make a right but it is ironic that South Africa, especially the ANC is pushing this agenda when it is perpetrating its own version of genocide against the poor and disempowered in South Africa. We have millions, living in shanties, where food and shelter is a daily struggle yet our governing party, while driving around in fancy cars, living in fancy houses, with private security, education and healthcare, pursues its agenda of corruption, theft and incompetence depriving people of jobs, safety, electricity, transport, education, healthcare and even, in some places water. The depravity of our leadership know no bounds. I wonder if people in glass houses should perhaps not throw stones.

  • Rama Chandra says:

    Disappointing that the ANC has been almost the only party to represent Human Rights and interests, and the DA and others prefer the white supremacist line. Then again, the DA has been trending more white supremacist for a while. We pretend it is to fend off the FF+, but really we know it is Helen Ziller’s racism emerging in her old age.

  • Am I the only person that knows that Hamas have refused to accept the 2 state solution? Their stated aim is ” to remove the State of Israel from the map.” Therefore, can we please start looking at a solution that is acceptable to the majority. Oh and please can the UN be disbanded as in its current form it is a toothless tiger and waste of money.

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