reputation and defamation house believes spear should have remained

Just because groups and individuals have a Freedom of Expression, does not mean it can be used without proper consideration of whom maybe hurt and offended by connotations implied in the image. A White artist portraying the Black leader of the country and the ANC as someone who leads with their genitals goes someway to dehumanising him, launching into character assassination that fails to actually examine policy.  Pluralism can exist without needlessly causing offence in the way Murray has done in this painting. The Constitution protects Freedom of Expression; however the grave offence causedto many people by dehumanising President Zuma in this way can justify the protests against the artworks installation and replication in the news media. No constructive criticism is meted out in the painting, thus justifying counter-protests against it.  While there were supporters of the ANC and COSATU, who are allied with the government, who took part in protests, it is a stretch to suggest that this is political overreach in action. The image attacked the President in ways that evoked previous allegations against him that were later disproven in court. The President took legal action in a personal capacity, whilst other exhibits created by Murray which highly critical of the ANC were not targeted in this manner, hinting at there being a free platform for criticism and satire in South African Political discourse.

Pluralism and Political Interference  The removal of ‘The Spear’ from the Goodman Gallery and the City Press also hints at a threat to pluralism, especially when one considers the political nature of the campaign to have such images removed.  While Jacob Zuma attempted to have the image banned in a personal capacity, the intensive campaigning by both the ANC and the Congress of South African Trade Unions (COSATU) against both the Goodman Gallery and City Press [1] hints at a dangerously political action taken by those with close access to power over the South African state.  This should be cause to worry. Chapter Two of the Constitution of South Africa, in place since 1997, protects freedoms such as Freedom of Speech and Freedom of Association. [2] The intimidation of Art Galleries and Newspapers threatens the free exchange of ideas that occurs in these areas, as well sending an implicit image by its supports that criticism of the Government cannot be tolerated.  If neither the Gallery nor City Press removed the image of ‘The Spear’ from public view, then a clear message would have been sent that the principles of Free Speech, Free Association and Freedom of Intimidation outlined in the Constitution is to be upheld at all times, regardless of who may take offence at what is being said. It is important in the South African context to protect the right to criticise the government and voice opinions that vary from the ideals of the majority. It is worrying what kind of message is sent by those close to the South African Government that intimidation seems to be the appropriate response to criticism such as this rather than asking why such criticism is there in the first place.  [1] Mthembu, Jackson, ‘ANC calls on all South Africans to boycott buying City Press Newspaper and to join the protest match to the Goodman Gallery’, African National Congress, 24 May 2012,   [2] ‘Constitution of the Republic of South Africa’, Statutes of the Republic of South Africa, 4 February 1997,

To somehow state that racism is the motivation to criticisms of ‘The Spear’ is fanciful and far-fetched. People were massively offended by the piece and as such used their right to protest to demonstrate the fact. The artwork itself was vulgar, displaying images that would be offensive to anyone, regardless of race.  No-one is accusing Murray of being in favour of restoring Apartheid; indeed his early works in the 1980’s attacked the government of the day, highlighting their crimes. But when a public gallery and a newspaper releases an image that is seen as offensive to many people on many levels, provoking angry responses in the process, then it is only right that such images are removed to prevent further protest and controversy for those involved.  It is also erroneous to accuse the ANC of race-baiting. It is a multi-racial organisation and has had prominent non-Black members leading the organisation during the struggle. If any criticism of White Opponents including the Democratic Alliance is seen to be racialised, then it is probably a reflection upon the DA’s ineffectiveness in gaining the support of poor black voters, remaining a party for privileged whites as a result. Criticism of Murray was not based on race, rather the shocking and offensive artwork that hurt so many people, not least the President himself.

Artistic Freedom  A core principle of art is that it should be free from any form of inhibition, as the particular artwork is an expression of the particular views and ideals of the artist. The subject matter in many instances is their own choice; therefore they have the right to say what they want about the subject matter, safe in the knowledge that is their opinion alone being portrayed.  The artist that painted ‘The Spear’, Brett Murray, created the piece as part of an exhibition that reflected his own discontent at the lack of major progress since the ruling African National Congress took power in South Africa after the end of Apartheid in 1994. Murray used his work to promulgate an idea that he has, allowing for others to see the art work for themselves and make up their own minds about President Zuma and the ANC. [1]  Art Galleries have a right to display any artist they feel will attract visitors as well showcase the forms of art that they believe is suitable. The Goodman Gallery saw no issue with Murray’s work to the extent that they prevented any particular works from being displayed. As it was their venue which was the setting for ‘The Spear’s display, The Goodman Gallery had the right to take decisions independently of external pressure. The removal of the exhibit sets a dangerous precedent whereby government can unduly censor artworks, threatening the free actions of artists and the galleries that display their work in turn affecting plural, democratic discourse. [2]  [1] Du Toit, ‘Artist Brett Murray explains why he painted ‘The spear’, 2 Ocean’s Vibe, 2012,   [2] Robins. P, ‘The spear that divided the nation’, Amandla, 2012,

While public art is valuable, it can serve a purpose to educate and send a message, influencing discourse. Criticism of a political figure, when expressed via an art form, can change perceptions of that figure, particularly when their policy is under scrutiny. However, the image portrayed in ‘The Spear’ does not do these things. It does not focus on the policies of President Zuma, but rather relies on innuendo surrounding the President’s personal life, graphically represented by Zuma’s exposed penis, which is a prominent feature of the painting.  While artists have a right to criticise those in authority and galleries have a right to display any art it wants, such rights are balanced by responsibilities over how such artists conduct themselves when they choose to enter political discourse. A provocative image such as ‘The Spear’ flouts those responsibilities by relying upon graphic innuendo instead of policy criticism to get the point across. This is damaging for a number of reasons specific to the South African context which will be explained in the Opposition Arguments.

Racialised Opposition  Some critics of ‘The Spear’ have criticised the artwork on the grounds that it ‘dehumanises’ black people in general [1] and President Zuma in particular and criticises him based upon his personal life rather than policy, using vulgar means to do it. This line of opposition is part of a dog-whistle tactic that the ANC has consistently used against white critics of its government in the past. [2]  ANC criticisms of its white critics, including the opposition Democratic Alliance have made discreet reference to the injustices of the past as a means of creating distrust in the minds of poor, black voters who maintain ANC support as a result. Some politicians within the ANC, most notably the former President of its youth wing Julius Malema, have made incendiary statements that could be seen to stoke up hatred against whites.  It is against this back drop that the double standards over criticism of Murray should be viewed. Murray, a white artist, has been criticised roundly for ‘The Spear’, while black artists have created works that could be seen to denigrate President Zuma in a similar manner to ‘The Spear’. A noticeable example is ‘Ngcono ihlwempu kunesibhanxo sesityebi’ (Better a fool than a rich man’s nonsense) by Ayanda Mabulu, that carried a much more graphic depiction of the President and other leading politicians of the past and present with barely a murmur raised. [3]  By bowing to the pressure exerted by the ANC and its followers, the Goodman Gallery and City Press have bowed to pressure, denying criticism of the government and accepting the implied view that White South Africans are unable to criticise the government without seeking to re-assert any forms of superiority that had existed under Apartheid. Whilst there may still be underlying problems of Far-Right activity in South Africa, to smear anyone who criticises the government based on their race does nothing to help move the country on from autocracy and institutionalised racism. The Goodman Gallery and City Press should have stood by displaying the image as it represented the opinion of Brett Murray, free from intimidation or race based slander.  [1] Dana, Simphiwe, ‘The 'Sarah Baartmanisation' of the black body’, Mail &amp; Guardian, 12 June 2012,   [2] Hlongwane, Sipho, ‘The ANC's best friend: Brett Murray &amp; The Spear’, Amandla,   [3] Ndlovu, Andile, ‘'Spear' sparks hot Twitter debate’, Times Live, 23 May 2012,

What is termed a decent or otherwise is largely subjective and depends on an individual’s viewpoint. Those who use the cause of ‘public decency’ to call for ‘The Spear’s removal fail to understand the point of the artwork. Murray created such a visceral image in order to trigger debate and cause South Africans to look at the political class and their antics. Such a debate over Zuma’s fitness for office would not have been possible without an image that brought home the seriousness of the personal accusations against him and whether such allegations make him incompatible with the office of President. Murray was free to depict an image that at best a plurality of people would disagree with, and given the subject matter, that image was appropriate to use.

Jacob Zuma had a right to sue, which he made use of before dropping his claim for defamation. However, for his supporters inside and outside the ANC to attack The Goodman Gallery, City Press and Brett Murray personally is irresponsible and stifles debate over the credibility of Jacob Zuma for the office of President. Zuma has done controversial things before and during his time in office that are worthy of criticism and ‘The Spear’ amongst the rest of the exhibition reflects this. No one should be above criticism, especially if their actions will have an impact upon many people.

Infantilisation and Prejudice  Those who dismiss the reaction to ‘The Spear’ forget the historical context which may trigger the sorts of responses seen to the artwork. [1]  South Africa’s past problems can be seen to derive from the gross caricaturing of Black people and Black Men in particular as lascivious, overtly sexual and threatening, playing into a narrative of Blacks as ‘inferior beings’ justifying inhumane treatment over a number of centuries.  Portraying the President with his genitals exposed could also be seen to pass negative comment upon his polygamy, which is permitted in his Zulu culture. Such comment upon something which can determine social standing can also be viewed as offensive by many, triggering such reactions. [2]  With this in mind then the right action for both The Goodman Gallery and City Press to take would be to remove such offensive art to avoid any hurt caused and to quell the protest which were borne out of genuine offence, not political grandstanding as opposition seem to imply.  [1] Hlongwane, Sipho, ‘The Spear: Millions of people were insulted’, Daily Maverick, 28 May 2012,   [2] Dana, Simphiwe, ‘The 'Sarah Baartmanisation' of the black body’, Mail &amp; Guardian, 12 June 2012,

Masculinity  The problem with leaving the painting, the spear, up is that to many young men President Zuma symbolises what excessive wealth can ‘buy’ you. He is the figure head of the nation, the pinnacle of capitalism and masculinity, of which the penis and sex are instrumental in this image. By leaving the painting up, it encourages hyper-masculinity (which is inherently violent), [1] because it assumes there is an inherent link between power and the penis. This is unhelpful, both for women and men who are trying to live in equity.  [1] Scheff, Thomas J., ‘Hypermasculinity and Violence as a Social System’, Universitas, Vol.2, Issue 2, Fall 2006,

Public Decency  Freedom of Speech is something that is highly valued, particularly in a country such as South Africa, where it was in short supply for a large part of its history, but surely for such speech to be worthwhile, it has to be able to convey a message that actually enriches the public domain. Such messages can be critical of government, but it must be best if they do not cause widespread offence in the process.  The problem with ‘The Spear’ is that is causes widespread offence with the graphic depiction of the male genitalia. As a result, the underlying message that Brett Murray is trying to convey is lost in the offence image of the exposed penis, causing needless controversy in the process. [1]  The utilisation of an exposed penis in ‘The Spear’ breaches all notions of public decency, not only causing offence in the public domain, but also personal offence, by depicting President Zuma in such a lewd manner. As such, it is right to ask for the removal of the artwork from public display to prevent further offence from being caused.  [1] Robins. P, ‘The spear that divided the nation’, Amandla, 2012,

Defamation  While South African Law does allow for freedom of speech, and the constitution is one of the most liberal in the world for protecting such freedoms, it must be measured against the need for responsibility in the use of such freedoms to prevent offence.  Whatever one believes about ‘The Spear’ it is clear that Murray attacked President Zuma based upon his personal life rather than any critique of policy. The depiction of the President with his penis exposed is a reminder of the accusations of rape against him, of which he was acquitted in 2007.  To remind those who view the painting of the accusation is to hint at Zuma’s guilt in the case despite it being proved otherwise in a court of law. This is effectively libel and as such defames Zuma’s character. As such, Zuma was right to sue for defamation and it was right for the artwork to be removed as it implied and spread a falsehood in the public domain that is damaging to Zuma.

The painting should remain hanging as a reminder to young men that society is noting the particularly high prevalence of cases of rape, that are committed by all peoples within society, from the bottom to the top. This is not to argue that the President has ever necessarily raped anyone, although his defence in his rape-trial in 2005 was flimsy and without doubt he abused his power, as the girl he is supposed to have had consensual sex with was like a daughter to him. It is to critique his infidelity, and his lack of support in the AIDS pandemic. Just because he is the president does not mean he should be above being publically ridiculed for putting his own sexual desires above the safety of others.

To attach historical abuses to the symbolism of ‘The Spear’ is outlandish, irresponsible and fully indicates the way in which the ANC and its supporters use the past to excuse its poor record in government. ‘The Spear’ followed a theme criticising Zuma and his actions as a public figure. Criticism of the piece is welcome as part of debate based on facts, not emotion like what was seen during the controversy. Maintaining ‘The Spear’s display is part of this, triggering a debate over ANC policies in the here and now, as opposed to referring to past injustices. Removing ‘The Spear’ prevents that rational debate and instead sends a message that merely shouting down opponents is a suitable solution to an argument, harming South African political discourse in the long term.