The SA Jewish Board of Deputies (SAJBD) on Wednesday said it intended to pursue criminal charges of hate speech against axed Wits Student Representative Council (SRC) president, Mcebo Dlamini.

Dlamini openly expressed admiration for Nazi leader Adolf Hitler, adding that he believed all white people had an element of Hitler in them. During a radio interview, he was reported to have also labelled Jews “devils”.

The University of the Witwatersrand on Tuesday, however, said its hands were tied in disciplining the former SRC president.

“On the basis of existing case evidence, the legal office found that Mr Dlamini’s utterances did not breach the exceptions to the Constitution regarding freedom of speech,” the institution said in a statement.

“There are grounds for him to be charged for failing to meet his fiduciary requirements as SRC president. However, given the fact that he has already been removed from this capacity, the university does not deem it appropriate to charge him in this regard,” it said.

The SAJBD believes it had a legal leg to stand on.

“[The university’s] decision is relevant only in respect of the internal rules and procedures of Wits University, and has no judicial relevance outside the confines of the university,” said chairperson of the SAJBD, Mary Kluk.

“The SAJBD remains convinced that Mr Dlamini’s comments are not protected by the Constitution and will continue to pursue the cases of hate speech that have been laid both with the South African police and with the SA Human Rights Commission,” she said. News24