Budlender Report - The Full Story

by Wits Concerned Staff and Students

Some, including the South African Jewish Board of Deputies, were quick to respond to an abridged version of Advocate Budlender's investigations into the Limmud saga, claiming it vindicated Limmud (SAJR, 13 Nov 2009). On the contrary, however, the complete report, released yesterday, clearly reveals the SAJBD’s reading to be incorrect. The report unequivocally condemns Limmud’s actions.

Specifically, Adv. Budlender identified the security-marshals appointed by Limmud, most of whom were from the Community Service Organization (CSO), a voluntary Jewish community organization which provides security at Jewish community events, as a main cause of the tensions on the day. These security men were severely criticized in the report:

“The behavior of the security guards was, to put it at its lowest, inappropriate.” Further, the report states:“It is troubling that some of them, at least, did not appreciate the consequences of what they were doing, even when this was raised with them.” The report asserted that “it is likely that this insensitivity to the political and racial context, taken together with the aggressive conduct of some of the marshals, was a toxic mixture.”

Underscoring this are the testimonials of several independent members of the Wits community, for example one Wits staff member who was neither party to the conference nor the protest, who stated that the conduct of Limmud-hired security officials “made her think of the apartheid days.” As a result of Limmud's security's actions - which were correctly perceived as racist according to the report - Adv. Budlender recommends that Wits does not allow such external security onto its campus again.

Also, Limmud was criticized for not informing the university that accused Israeli war criminal, Lt-Col. Benjamin (http://universityofwitwatersrand.blogspot.com/2009/08/request-to-file-charges-in-south-africa.html) would be speaking; for overstepping the agreed arrangements with Wits and for the heavy-handed way in which its security dealt with people, including attendees of the conference who merely engaged with protestors.

The protestors inside were vindicated for their discipline and for exercising their freedom of expression, which Adv. Budlender stresses the University should have been at pains to protect and encourage. Interestingly, while Limmud has consistently used the principle of “freedom of expression” to justify the platform given to Lt-Col. Benjamin, Adv. Budlender makes it clear that disallowing a speaker who is regarded as highly offensive, would not, in fact violate the University’s commitment to this principle.

A representative of SAJBD erroneously stated: "those protesting against Limmud resorted to baseless charges of racial profiling in order to smear our community.” (SAJR, 13 Nov 2009.) Far from this, however, the report found that “differential treatment [of people based on race] did take place.” The report confirms that even though Limmud may not have had a policy of racial discrimination, the behavior of the marshals and the factual accounts presented, support that such differential treatment did, in fact, occur. While the report found that some attendees may have been subjected to slurs by protesters at the outside gate, it is very possible that emotions were heightened as a result of the treatment at the hands of the Limmud security.

The SAJBD and Limmud should carefully reflect on their consistent denialism around the various concerns that have been raised and consider, given the damning nature of the report, an apology for the offensive treatment that occurred and for the continued attacks on the integrity of the complaints that have indeed been confirmed.

Wits University Releases Second Report on Hosting of Accused Israeli War Criminal

RACIAL DISCRIMINATION, SUPPRESSION OF PROTEST AND HOSTING OF ACCUSED ISRAELI WAR CRIMINAL AT WITS UNIVERSITY, JOHANNESBURG

- 47 PAGE REPORT OF BUDLENDER INVESTIGATION NOW AVAILABLE

Advocate Geoff Budlender’s report into the events at the Limmud conference at Wits in August this year has now been made available. Recently, an abridged version of the report was distributed by the University with crucial information having been omitted. The complete report has now been released after a meeting with the Vice Chancellor by Concerned Staff and Students.

The investigation confirmed:

- Differential treatment on the basis on race did take place at Wits University Medical School Campus on Sunday, 9th August 2009;

- Such treatment was the result of the aggressive, intimidatory and inappropriate behavior of Limmud-hired security marshals, known as the 'CSO';

- The report quotes numerous factual accounts of such treatment and the trauma experienced;

- One Wits Medical School staff member stated that the conduct of a Limmud-hired security official “made her think of the apartheid days”;

- As a result of Limmud's security's actions - which were perceived as discriminatory - and the failure of Wits University to exercise proper control over the campus, Adv. Budlender recommends that Wits does not allow such external security onto its campus again;

- Limmud was criticized for not informing the university that accused Israeli war criminal, Lt-Col. Benjamin, would be speaking,

- The report supports the position that disallowing a speaker who is regarded as highly offensive (such as Lt.-Col. Benjamin), would not violate the University’s commitment to freedom of expression;

- The report confirms that Wits University did initially attempt to prevent students from engaging in protest against the speaker;

- Further, the report finds that the protest conducted by staff and students was legitimate and should have been protected;

Please find the full and complete report, which includes detailed factual background, as well as Advocate Budlender’s assessment and recommendations, at this address:

http://web.wits.ac.za/NewsRoom/NewsItems/budlender.htm

N.B. Message From Advocate Geoff Budlender

Tuesday, 25 August 2009

NOTICE AND INVITATION

I have been appointed by the Vice-Chancellor to conduct an investigation into the events leading up to and during the Limmud Conference which took place at the Medical School Campus on 9 and 10 August 2009, and in particular to investigate:

1. claims that racial profiling and/or inflammatory slurs took place;

2. assertions that the University unreasonably attempted to prevent students from legitimate protest action;

3. an allegation that the University did not respond seriously and timeously to the issue;

4. whether the University exercised its proper responsibility with regard to ensuring proper control and use of the venues hired to an external organisation. If necessary, further recommendations will be made on this issue.

The findings of the investigation will be made available to members of the University community.

I invite members of the Wits community and interested members of the general public to provide me with relevant information which will assist me in conducting this investigation. In particular, I invite:

(a) persons who wish to provide written information to send it to me.

(b) persons who wish to be interviewed to indicate this, and to provide a summary of what information they will be able to provide at such an interview, if invited; and

(c) interested persons to identify any other persons whom they suggest I should seek to interview, and why I should seek to interview such persons.

All such information, with the relevant contact details should be sent to me via this email address: feedback.survey@wits.ac.za

As it is intended that I should complete the investigation by the end of September 2009, I shall be grateful if this information could be provided by no later than Wednesday, 2 September 2009. Once I have that information, I shall be in a position to make the necessary arrangements for interviews.

GEOFF BUDLENDER SC

Second Update from Wits University's Vice-Chancellor

Monday, 24 August 2009

INDEPENDENT ADVOCATE APPOINTED TO INVESTIGATE THE EVENTS WHICH TRANSPIRED ON THE 9^TH AND 10^TH OF AUGUST 2009

Dear Members of the Wits Community,

In my last communication to the Wits community, I indicated that I would commission an independent investigation into the events which lead up to and occurred during the Limmud Conference held at the Wits Medical School on the 9^th and 10^th of August 2009.

I have commissioned Advocate Geoff Budlender to investigate the matter.

Budlender is human rights advocate who has dedicated his life to seeking the truth and fighting for a just society. He has a long, distinguished career, which began during his days as an activist when he served as acting president of the anti-apartheid National Union of South African Students.

He has represented people charged with political offences and those detained without trial. He has acted on behalf of people removed forcefully from their land and has fought against the control laws which formerly prevented the freedom of movement of Africans. He has also taken on several cases pertaining to the death penalty, land and housing rights, social welfare matters and medical issues.

Budlender was part of the independent South African Human Rights delegation to Israel and Palestine in 2008. Former chairperson of the Council of the University of Cape Town and a former acting judge of the High Court, Budlender is now in private practice. He served as the Director-General of the Department of Land Affairs from 1996 until 2000. He has spent several years at the Legal Resources Centre, of which he is a founding member.

The terms of reference of the investigation have already been shared with you and more information on how submissions can be made, will be made available later today. It is envisaged that the investigation will be complete by the end of September but this is subject to the material that is available and the number of submissions and interviews which are scheduled.

Further information will be presented to you as it becomes available.

Thank you

Prof. Loyiso Nongxa

Vice-Chancellor and Principal

Wits University

Wits Students Reclaim Control

Tuesday, 18 August 2009

NOT WELCOME IN OUR HOME: STUDENTS RECLAIM WITS' NAME

Over the past two weeks, students and staff have collectively mobilized against Wits University’s silence regarding the presence of accused international war criminal, Lieutenant-Colonel David Benjamin, on Wits campus. As a result of persistent engagement by concerned members of the Wits community the Vice-Chancellor has publicly apologized. But this is not enough.

Due to student and staff action, management has undertaken an investigation into the allegations brought to the Vice-Chancellor’s attention. During Benjamin's visit on 9th August, Wits students and staff were unduly obstructed from accessing Wits Medical School, some subjected to blatant racial and religious profiling. An unidentified group of young men acting as conference ‘security’ harassed and intimidated students, including peaceful protestors. And, although claiming to ‘value’ the right to protest, senior management attempted to halt a silent protest on the day, with the Registrar demanding that students and staff, “Get off the campus immediately or face the consequences.”

The protest was in response to Benjamin - self-admitted architect of the Israeli massacre in Gaza - speaking on campus. As Benjamin stated in an interview with Bloomberg News: “[the Gaza] campaign was a long time in the works, and we [the Military Advocates Corps] were intimately involved in the planning… Approval of targets which can be attacked, methods of warfare – it all has gone through us.”

The Vice-Chancellor has stated in his public response that any person who justifies the Gaza massacre (whether on legal, religious or historical grounds) would certainly not be welcome in his home. For us, like him, Wits is our home. As he compellingly argues in his public statement: “The traumatic experience of the children of Gaza haunts me. The destruction of people’s homes and livelihoods and the loss of their limbs and body parts horrifies me.”

Taking a stance on Benjamin is not complex. This is a man who is directly responsible for the illegal use of white phosphorus on civilian targets and the massacre of more than a thousand innocent people in Gaza. These actions are, without question, in direct opposition to Wits’ values.

The Vice-Chancellor has come out strongly in his personal capacity, yet he has failed to exercise his official responsibility, as custodian of the University, to uphold its values.

As regrettable as this failure is, the Vice-Chancellor and management does not exclusively own or define what we stand for. They have failed to make the statement strongly, and thus we are obliged to do so:

We hereby state that accused war criminals, racial profiling and the suppression of protests are not welcome on our campus.

We refuse to be complicit in war crimes and we refuse to watch the values of our institution be tarnished due to that complicity.

We reclaim what Wits truly stands for.

18 AUGUST 2009

CONCERNED WITS STUDENTS AND STAFF

Update from Wits University's Vice-Chancellor

Wednesday, 19 August 2009

UPDATE ON THE INVESTIGATION INTO THE EVENTS WHICH TRANSPIRED LAST WEEK

Last week I addressed a letter to the Wits Community regarding the events leading up to and during the Limmud Conference which took place on the 9th and 10th of August 2009. I indicated that I will be commissioning an investigation into the matter and that I would advise you of the terms of reference and timelines for this investigation.

After careful consideration of the complaints which I received, I have decided to take responsibility for finalising the terms of reference for the investigation. They are as follows:

To investigate the events leading up to and during the Limmud Conference which took place on the 9th and 10th of August 2009, and in particular to investigate:

(1) Claims that ‘racial profiling’ and/or inflammatory slurs took place;

(2) Assertions that the University had unreasonably attempted to prevent students from legitimate protest action;

(3) An allegation that the University did not respond seriously and timeously to the issue;

(4) If the University had exercised its proper responsibility with regard to ensuring proper control and use of the venues hired to an external organisation. If necessary, further recommendations should be made on this issue.

It is envisaged that the Investigation will entail the perusal of relevant documentation, eliciting the views of members of the Wits community on the particular matter, and conducting interviews with affected students, staff and members of the general public. It is further envisaged that the investigation will be conducted by the end of September 2009 and that the findings will be made available to members of the University community.

I intend to appoint an independent and senior member of the legal profession who is external to the University to conduct the investigation. I will advise you of the name of the person as soon as arrangements have been finalised.

Prof. Loyiso Nongxa

Vice-Chancellor and Principal

Wits University

Wits University's Vice-Chancellor, Prof. Loyiso Nongxa, Responds

Thursday, 13 August 2009

Dear Members of the Wits community,

Yesterday, at rather short notice, I met with a group of students who issued an ‘open letter’ that was circulated widely, expressing their concerns at Wits having hired one of its venues to an external Jewish organisation, Limmud, who invited a controversial speaker to their event over the weekend.

I undertook to initiate a formal investigation based on the disturbing allegations contained in the letter and in other communications that I have received in this regard.

It was brought to my attention, during the meeting, that (certain sectors of) the University community wanted a public statement to be issued from the University about the events of the last few days. The students informed me that failure to do so would lead to the conclusion that the University associates itself with the views and actions of the controversial speaker. I found this assertion disturbing, particularly because it reduces the commitment of the University to issues of human rights, freedom of speech and the right to protest, to a single event and how we respond to it.

My position as the Vice-Chancellor does not always qualify me to speak on behalf of the Wits community on all matters. Sometimes I do, when I am confident that the majority of the University community would support that stance, the Dalai Lama issue being a recent example. I don’t feel confident that I can speak on behalf of the Wits community when it comes to the complex politics of the Middle East, and especially the ongoing conflict between the Palestinians and Israelis. I do have personal views that I will express below, knowing that certain members of the Wits community will be vehemently opposed to them.

As a South African who lived under Apartheid and who was once stripped of South African citizenship and declared, against my wishes, a citizen of a pseudo-country which I did not recognise, I am appalled at what is happening in the Middle East. There can be no justification for what I see as atrocities committed against civilians. My late mother taught me that, as an adult, we should treat every child as our own. The traumatic experience of the children of Gaza haunts me. The destruction of people’s homes and livelihoods and the loss of their limbs and body parts horrifies me. The human being inside me would find it difficult to welcome to my home, and Wits is my home, anybody who would justify what has happened there, whether it’s based on legal, religious or historical grounds.

But we live in a diverse community and a country which values and celebrates differences and diversity and as the Vice-Chancellor of a public institution which invariably reflects this diversity, I have to uphold the values of freedom of expression which is an integral part of academic freedom.

I believe that many of us have not thought carefully about what it means to live in a society that celebrates freedom of speech – universities are spaces where all views should be aired and heard. Many of us have not thought carefully about what it means to live in a non-racial or non-sexist society. Sometimes we tend to impose on others our sectarian view of that future democratic, non-sexist and non-racial society.

Let me now offer a preliminary response to some of the allegations in the “open letter”. The first time I received notification about the weekend event at which Lieutenant Colonel David Benjamin was to speak, was on the morning of Friday, 7 August 2009. I responded to the student concerned and informed her that I was leaving for theEastern Cape and that I would refer the issue to colleagues in the Vice-Chancellor’s Office. The students that I met with yesterday seem to disbelieve this response and one even called my response “outrageous”. The investigation will possibly throw some light on this issue. I appointed one of my senior colleagues as Acting Vice-Chancellor in my absence. On Saturday, I received correspondence between the Acting Vice-Chancellor and the students on their concerns and endorsed what was being discussed. The correspondence was cordial, respectful and spelt out the University’s views on freedom of speech and right to peaceful protest. On Tuesday, I received a briefing on how the difficult situation was managed in my absence and at short notice. I take full responsibility for all the decisions that were taken on my behalf while I was away - they are now my decisions.

Let me stress that I am appalled by allegations of racial profiling. There is no place for that in South African society and certainly no place for that at Wits. I would like this to be part of the investigation. If we are to look at this as an opportunity to learn about what it means to live in South Africa in the 21^st Century, I would like us all, as members of the Wits community to reflect on our own prejudices around this matter. How many of us become uneasy or even panic when we see a Black, African male at night and instinctively worry about being robbed? What comes to mind when we see a Muslim woman wearing a burka or a Rastafarian student donning his colourful garments? This is racial profiling that we may be guilty of knowingly or unknowingly.

There have been questions raised about the presence of external security on our campus. This is a complex matter on which the University community should advise. There have been many instances when external security has been present on our campus without incident. Possibly the key issue here is how they behave when they are on our campus. It has been brought to my attention that people were photographed and that there are concerns that these photographs could be used for illegal or suspect purposes. I have already raised this matter with the parties concerned.

Another issue has been the use of University venues and how the University should exercise its responsibility in managing what takes place in these venues. This is again another complicated matter. Wits provides a platform for various (and often conflicting) views to be aired, and forms part of our commitment to freedom of expression and freedom of speech. As the Vice-Chancellor of Wits, I was not given the power to ’vet’ people who come onto campus, nor do I think that any one person within the University should have the right to do so.

Lastly, the students that I spoke with seem to feel that the senior management of the University have let them down, in not living up to their expectations with regard to the values to which they are committed and that they believe this University stands for. I am saddened by that and would like to apologise to them for feeling that way. I would like to apologise to the all people who felt targeted because they were Black. Earlier this year Prof. Yunus Ballim and I met with students who felt hurt that they have been targeted because they identified themselves with the State of Israel. They told me that this is part of their identity and upbringing. I was equally saddened by that and again will apologise to them for that hurt. I am saddened by the feeling of alienation of some Black students at Wits and apologise to them for that hurt. I am saddened by cases of violence against women students, in many cases these perpetrated by fellow male students. I would like to apologise to them for the hurt, some suffer in silence and never report these incidences. I am saddened by the acts of violence against gay and lesbian people. I am saddened by the intolerance that I witness in our community.

As I have indicated, I will be appointing an investigation into the matter and I will advise the University community as soon as more details pertaining to the terms of reference and timelines are decided.

Prof. Loyiso Nongxa

Vice-Chancellor and Principal

Wits University

13 August 2009