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DISASTERS OF PEACE:
PART 2
2011

PULP FICTIONS: DISASTERS OF PEACE: PART 2
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Pretoria University Law Press (PULP)
The Pretoria University Law Press (PULP) is a publisher at the Faculty of Law,
University of Pretoria, South Africa. PULP endeavours to publish and make
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ISSN: 1992-5174
2011

‘Made to measure’ by Diane Victor
‘In sheep’s clothing’ by Diane Victor

Editorial
In this edition of Pulp fictions two law students reflect on the issues taken
up in the first edition of Pulp fictions in 2005. Joel Modiri and Emile Zitzke
(both second years in 2011), after reading the dialogue between Heyns and
Van Marle last year as first year students coming into the faculty of law were
prompted to revisit some of the issues raised. Heyns and Van Marle’s dialogue
was in response to a decision of the Centre for Human Rights not to display
a group of etchings by Diane Victor from her Disasters of Peace series in their
offices and a subsequent decision of the University’s management, taken
after the group of etchings had been moved to the Department of Public Law,
to remove two of the etchings that were found to be most offensive by a
group of complainants including the then principal of the University, Prof
Calie Pistorius. Six years after the removal of these art works Modiri and
Zitzke bring fresh perspectives to the debate. Added to this edition also is a
musing by Prof Christof Heyns.
The original idea with Pulp fictions was to open spaces for discussion,
dialogue and dissent and opportunity for creativity, experimentation and reimaginings.
Over the past 6 years, colleagues from the UP Faculty of Law;
from other faculties in UP; and from other universities have participated, as
have a judge of the Constitutional Court and an attorney. This is the first
edition in which students have entered these spaces. We welcome this
expansion and reiterate previous calls for more participation from the UP
academic community and beyond.
Karin van Marle (Editor) Department of Legal History, Comparative Law and
Jurisprudence, Faculty of Law, University of Pretoria
3

The politics of horror art, freedom of
expression and the University as open
space
A response to Professors Heyns and van Marle (PULP Fictions:
Disasters of peace: An exchange, 2005) 6 years later
Joel S.M. Modiri*
Faculty of Law, University of Pretoria
Deceptively straightforward, the contemporary visual terrain in
westernised, post-industrial cultures is increasingly developing into a
complex smorgasbord of visual spectacles available to potential
viewers. Discourse dealing with issues arising from this field of the
visual, or ‘visual culture’, is evidence of an intellectual
acknowledgment that present-day (post-industrial) social, political
and cultural life is undeniably entangled with (and complicated by)
images ... Recent enquiry into the ideological underpinnings of
images in general, as well as the assumption that vision is a learnt
activity, has led to new questions being asked in (and of) art history. 1
1 Introduction
It comes as no surprise that the pictures reproduced at the beginning of this
publication caused a stir in the University of Pretoria’s Faculty of Law five
years ago. 2 The decision to display the etchings of artist Diane Victor in the
* My sincere thanks to Prof Karin van Marle for her comments and input and to Prof
Duard Kleyn and Prof Christof Heyns for discussions and feedback.
1 J Lauwrens ‘Sightseeing in art and visual culture’ (2008) 14 Image & Text 18.
2 ‘Made to measure’ (top) and ‘In sheep’s clothing’ (bottom).
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Centre for Human Rights and the subsequent decision to remove them from
the Centre and then from the corridors of the Department of Public Law
sparked debate and reflection on the value of art, on freedom of expression
and on the crafting of a politics within the Faculty that embraces dissent. In
response to this issue, Professors Christof Heyns and Karin van Marle 3 each
delivered conceptions of the kind of commitment to and understanding of
human rights, democratic ethics and tolerance that should inform our
outlook on art and specifically horror art, which often has the effect of
jolting us out of the false sense of comfort that we have been lulled into and
present to us in graphic detail the horrors of life, the realities of injustice,
violence and abuse and essentially, the ‘Disasters of Peace’. 4
In what follows I attempt to show how, even six years on, the artworks
are still relevant. The conditions that reproduce sexual violence, hatred,
patriarchy, neo-oppression, social anarchy and human misery are alive and
well. Diane Victor’s etchings confirm that
among us prowl the products of our immoral and amoral past — killers
who have no sense of the worth of human life, rapists who have
absolute disdain for the women of our country, animals who would
seek to benefit from the vulnerability of the children, the disabled
and the old, the rapacious who brook no obstacle in the quest for
self-enrichment. 5
This proves, to revise an old adage that pictures speak louder than words.
Heyns and Van Marle went further than only the art works themselves,
to deal with the process of consultation that was (not) followed in the
decision to display the pictures in the Faculty building (whether in the Centre
for Human Rights, the corridors or offices in the Department of Public Law
or anywhere else for that matter). Heyns stresses that ‘a commitment to
democracy and human rights requires that those directly affected should in
one way or another be consulted when strong statements are made through
3
4
5
C Heyns ‘In graphic detail. Freedom of expression on campus’ and K van Marle
‘Art, democracy and resistance: A response to Professor Heyns’ Disasters of
Peace: an exchange (2005) 1 Pulp Fictions 3 and 15 respectively.
This is the official name for a series of artworks by Diane Victor.
Thabo Mbeki ‘I am an African’ (1996) Statement of (then) Deputy President TM
Mbeki, on behalf of the ANC, on the occasion of the adoption by the
Constitutional Assembly of the Republic of South Africa Constitution Bill, 1996, 8
May 1996. Available at http://www.info.gov.za/aboutgovt/orders/
news20220_mbeki.htm.

art on their behalf’ 6 while Van Marle insists that ‘[w]e support certain
procedures because we are committed to a certain substantive vision of
democracy and politics’. 7
The matrix of events that took place in the Faculty, conflicting legal
philosophies and differing political views in this debate are so multi-faceted
and multi-layered that I also believe that the topic plays itself out on three
distinct levels, namely the procedural, the practical and the philosophical.
These levels are the primary focus of this paper. Each relate to substantive
questions on day-to-day politics in institutions, the effect and impact (or the
usefulness) of art and intrinsic beliefs on the pre-eminence of human rights
(particularly freedom of expression). This is linked to the unique role of a
University and a Faculty of Law to create the space for this discussion and to
stimulate the ‘legal imagination’ to apply the ideas and principles uncovered
in this exchange to the work of lawyers and legal academics.
Against this background: In section 2, I offer some reflections on art and
its potential to induce multiple interpretations with emphasis on examining
the different reactions to art and horror art in particular. In section 3, I put
forward a different perspective on the question of freedom of expression as
regards the events in the faculty as well as in general society. In section 4, I
craft my own conception of the university as ‘open space’ and explore the
role of students in that vibrant space. After engaging critically with the issues
at the crux of the three levels — the procedural, the practical and the
philosophical — in which this debate plays itself out, only one thing will
remain clear: The need to widen the vibrant space for dialogue, debate and
disagreement, for ‘re-imaginings, re-figurings and re-orientations’, 8 remains
an ideal that the Faculty must pursue indefatigably in all its endeavours.
2 The politics of horror art
‘I think you can leave the arts, superior or inferior, to the conscience of mankind’
W.B Yeats.
If we accept that ‘[f]or art to matter as a meaningful social construct it needs
to be concretised on some level, while simultaneously embodying universal
6 Heyns (n 3 above) 9.
7 Van Marle (n 3 above) 19. See D Kennedy ‘Form and substance in private law
adjudication’ (1976) 89 Harvard Law Review 1685-1778.
8 K van Marle ‘Jurisprudence, friendship and the university as heterogenous public
space’ (2010) 127 SALJ 628-645.
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significance’, 9 then we can extract a nexus between law and art first as
reflections of the ‘peaks and valleys’ of society and its progress (or lack/
slowness thereof) and second as constructs of social imagination and history.
From a legal perspective, the artworks provide direct social commentary on
the law. The etchings vividly reveal the mortality of law, its powerlessness
and the fact that it requires the integrity, vigour and innovation of the human
mind and spirit to work faster and better in order to create a safer, more
just, egalitarian and perfect society (or am I just dreaming?).
Art has always had a purpose. Artists usually have a particular message
they wish to convey. The effect is sometimes cathartic, but the reactions are
always varied and conflicting. Perhaps what should be of concern in this
particular discussion is why and how we categorise art to explain the
reactions that led to the various displacements of the artworks all over the
Faculty building.
2.1 Why do we categorise art?
What was it about those pictures that created the furore which spawned the
exchange between Heyns and Van Marle? Is it the depiction of a penis
protruding a baby’s body? Is it the very explicit manner in which the etchings
were crafted — rough charcoal, scratching on the human soul, their maniacal
detail? After undertaking to write this piece, I showed these pictures to some
friends (mainly students in the Humanities) and fellow Law students in search
of an answer. The initial response was the same. First they looked at the
artworks with grim shock and terror and seconds later they began theorising
the relevance and substance of these pictures and the underlying questions
of freedom of expression and the need to impress a harsh reality upon society
as a call to action. Their views on these questions were vastly varied. Some
angrily expressed scorn — ‘sis’, ‘yuck’, ‘that’s sick’ — for the artist and the
image they were confronted with and did not even enter into the debate.
Others felt the pictures could really make a strong statement to society
about the horrors to which students of our ilk — urbanised, sophisticated,
party-crazed, alcohol-driven and shallow — have become oblivious. As an
aside, the fact that there were hostile reactions to the etchings does not
mean that there are people who are ignorant of the realities that are
portrayed in Diane Victor’s etchings. It might be more a matter of, to borrow
a popular phrase, ‘the truth hurts’.
9 A du Preez ‘(Im)materiality: on the matter of art’ (2008) 14 Image & Text 30.

2.2 How do we categorise art?
The differences in their reactions lie in my view – to follow a constructivist
political theory — in our mental images which are made up of our
preconceptions and perceptions, our comfort zones, our conformity to the
norms of ‘what is decent’ and ‘what is appropriate’ and our desire (or lack
thereof) to break the mould. Charles Kegley adds flesh to this argument when
he says: ‘Another part of the challenge stems from the tendency of people
to resist unfamiliar information and ideas that undermine their habitual ways
of viewing and thinking’. 10
He continues that:
Our images ... simplify reality by exaggerating some features of the
real world while ignoring others. Thus, we live in a world defined by
our images ... Most of us look for information that reinforces our preexisting
beliefs about the world, assimilate new data into familiar
images, mistakenly equate what we believe with what we know, and
deny information that contradicts our expectations. We also rely on
our intuitions without thinking and emotionally make snap
judgements. 11
Finally he locates the source of these innate ways of thinking which inhibit
such artworks as those of Diane Victor in her ‘Disasters of Peace’ series from
occupying an open and uncontested space as follows:
[H]ow we were socialised as children, traumatic events we may have
experienced growing up that shape our personalities and
psychological needs, exposure to the ideas of people whose expertise
we respect, and the opinions about world affairs expressed by our
frequent associates such as close friends or co-workers. Once we
acquire an image, it seems self evident. 12
Consequently the following deserve comment:
(i) There appear to be some social taboos which are difficult to overcome.
The explicit sexually violent drawing, its grotesque nature and the
forcefulness of the message can be disturbing indeed — but also touching.
Following Kegley, it is clear that the many calls made by visitors and staff in
favour of the removal of the artworks from the Centre are more a reflection
of their inability to overcome those taboos than of the etchings.
10 C Kegley World Politics: trends and transformations (12ed 2009) 3-5.
11 As above.
12 As above.
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(ii) At the same time the line that separates vivid imagery through visual
expression and pure obscenity and vulgarity is very thin. Artists who wish to
depict their art in a socially relevant way must be mindful of this. The penis
in the skeletal figure in ‘made to measure’ and the sexual act in ‘in sheep’s
clothing’ treads closely over that line but the overriding message and the
context of the art in my view tips the scale in its favour.
So, instead of fabricating arguments against the artworks, namely that
they are ‘harmful to children’ 13 or ‘offensive to viewers’, a tolerant, openminded
and critical approach to art needs to be cultivated in line with a more
antagonistic model of democracy that is open to plurality and radical
politics. As Mouffe and Laclau put it ‘there is no possibility of society without
antagonism, indeed without the forces that articulate a vision of society, it
could not exist’. 14 To illustrate two equally powerful but completely
opposite effects that horror art can have on viewers, I will rely on Susan
Sontag and two striking Diane Victor artworks:
1. The intended effect of galvanising us to aspire to a better and more just
world and sending strong statements about the ‘realness’ of injustice,
immorality (wickedness to be more precise) and tragedy. This effect has the
result of challenging people and igniting mindset shifts among the previously
ignorant. For this Sontag says (as Heyns quotes her): 15
Still, I would like to suggest that it is a good in itself to acknowledge,
to have enlarged, one’s sense of how much suffering there is in the
world we share with others. And that someone who is perennially
surprised that depravity exists, who continues to experience
disillusionment (even incredulity) when confronted with evidence of
what humans are capable of inflecting in the way of gruesome, handson
cruelties upon other humans, has not reached moral or
psychological adulthood. No one after a certain age has the right to
13 On ‘harm’, see JS Mill On Liberty (1859). This particular argument is quite
puzzling. The view that the artworks are harmful to children is premised on the
fact that the Department of Public Law is on the same floor as the Centre for
Child Law. The pictures are displayed inside the Department so how could
children going to the Centre for Child Law possibly see the etchings?
14 C Mouffe & E Laclau Hegemony and socialist strategy: Towards a radical
democratic politics (1985) 108. See generally C Mouffe Artistic activism and
agonistic spaces (2007).
15 S Sontag ‘War and photography’ in N Owen (ed) Human rights, human wrongs
(2003) 253 263 cited in Heyns (n 3 above) 11-12.

this kind of innocence, of superficiality, to this degree of ignorance,
of amnesia. 16
Figure 4: ‘Mad Bob’ by Diane Victor (‘Disasters of Peace’) 17
2. Or the opposite effect of desensitising the viewer and sending negative
messages of apathy and a grim future. This effect weakens the ambitions of
the viewer to be part of the paradigm shifts and social changes that will be
necessary to counteract these ills and other ills portrayed though horror art.
An even worse effect in this regard is when the art itself serves almost to
perpetuate or romanticise the horror. On this argument Sontag also offers
some insight:
16 Sontag (n 15 above) 253.
17 For more information on Diane Victor’s portfolio, see http://www.art.co.za/
DianeVictor.
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The same holds for evil as for photography. The shock of
photographed atrocities wears off with repeated viewings … The vast
photographic catalogue of misery and injustice throughout the world
has given everyone a certain familiarity with atrocity, making the
horrible seem more ordinary — making it appear familiar, remote
(“it’s only a photograph”), inevitable. 18
Figure 5: ‘Kom vrou en bring die kinders’ by Diane Victor (No 5
‘Disasters of Peace’) 19
A practical concern which flows from the above and is linked to the
philosophical is the length of the display. Although this is germane to
determining the kind of mood we want to create and the kind of philosophy
18 Sontag (n 15 above) 253.
19 Diane Victor (n 17 above).

we want to advocate in the Law Faculty, I agree that this is counterbalanced
by other artworks within the entire Faculty space. It is only if all the artworks
displayed in the Faculty portrayed life in such a negative and horrifying
fashion that keeping those pictures on display at the same place indefinitely
could vindicate the assertion that the Centre may appear to be somewhat
similar to a ‘chamber of horrors’ 20 where the prevailing mood paralyses
people’s consciousness.
Art in general has many faces; some of which include ‘social
commentary’, ‘creating beauty’, ‘storytelling’ and ‘conveying intense
emotions’ 21 — and irrespective of which description Diane Victor’s etchings
best fit into, we should all agree that horror art has a place in our society.
Where that place is exactly still needs reflection and discovery.
3 Freedom of expression
Whether in ancient Rome or in the modern United States, censorship
has existed in every society at every age. Art challenges the strongly
held beliefs of any society — whether those are political, ideological,
religious, or otherwise — causes offense and creates pressure for
censorship. 22
Van Marle quite rightly points out that ‘as regards freedom of speech, to
follow a central critical legal studies insight, the moment we formulate
issues like these in terms of law and legal concepts, we obfuscate the real
issues, the issues that go to the heart of the matter’. 23 This was in response
to Heyns who had originally advanced the viewpoint that ‘[o]bviously in a
faculty of law, the legal considerations applicable to a situation such as the
above are bound to enter the picture’. 24
It is true that the Centre for Human Rights has a particular responsibility
towards freedom of expression; an obligation higher than that of an ordinary
citizen to promote this fundamental right in light of the lessons of history.
However, I am inclined to reject any absolutist or mindless approach to
20 Heyns (n 3 above) 5.
21 Art, Design and Visual Thinking http://char.txa.cornell.edu/art/introart.htm
(accessed 24 April 2010).
22 C Tun-Jen & R Posner ‘Censorship versus freedom of expression in the arts’ in VA
Ginsburgh & D Throsby (eds) Handbook of the economics of art and culture (2006)
1-1.
23 Van Marle (n 3 above) 18.
24 Heyns (n 3 above) 7.
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human rights because it is premised, in part, on the simplistic argument that
‘If you don’t protect this right, then other rights will be violated’ and the
exaggerated concept of ‘unlimited freedoms’ — which in fact can be limited.
A starting point would be the Constitution25 which explicitly protects
freedom of expression 26 (and art 27 as a popular form of such expression).
Admittedly, the Constitution fails to answer and leaves for our consideration,
the age-old question: where do we draw the line? Is there even such a line to
be drawn? It seems diversity, transformative constitutionalism and ethics
within a law faculty tentatively offer answers to this question. From the
viewpoint of a country struggling with its past and its future, it is correctly
disconcerting to see lawyers and human rights activists refusing to embrace
the virtue of tolerance simply because they were not consulted, or they are
not comfortable. Heyns is correct to point out that the delicate area of
balancing different rights and competing interests demands a measure of
circumspection — but at what cost?
Heyns’s assertion, which I juxtapose with Van Marle’s statement in the
first paragraph of this part can be sustained to some extent. In a debate such
as this we would need to establish whether and where and how the problem
of freedom of expression comes in. To do this we must ask whose freedom
of expression was genuinely infringed. Unfortunate as the response to her
artworks may have been, Diane Victor did not suffer a violation of her
freedom of expression. The only time artistic creativity is stifled and
freedom of expression suppressed is if the particular art piece is completely
censored or destroyed simply because it does not conform to the prevailing
culture, or viewpoint in a given society. What occurred in the faculty was
more a struggle in preference and choice. The Dean — at the time — also did
not necessarily suffer a violation of his freedom of expression, because he
willingly engaged with faculty members in the discussions which culminated
in the removal of the artworks from their various venues in the law building.
The Centre can also not rely on this argument/defence (of freedom of
expression) because what are Diane Victor’s pictures portraying which is
different to or cannot be corroborated with any critical analysis of human
rights especially in conflict-ridden, post-war or crime-laden countries?
Besides, to favour the freedom of expression of a part (the Centre) to portray
a certain image of itself over the freedom of expression of the whole
(Faculty) to represent a collective philosophy is also a flawed argument.
25 Constitution of the Republic of South Africa, 1996 (‘RSA Constitution’).
26 RSA Constitution (n 25 above) s 16.
27 RSA Constitution (n 25 above) s 16 (c) expressly provides for ‘artistic creativity’.

Following my support for Van Marle’s earlier stated criticism against the
use of legal concepts in issues of this kind at the beginning of this part, I
would argue that it is more the implicit and unspoken opposition to or
avoidance of controversial and provocative ideas that is the problem and not
a direct digression from the (instrumental and technical) principles of
freedom of expression and artistic creativity. Diane Victor’s freedom of
expression is thus not under threat. What is in question is the result of that
expression. Those who objected to the etchings in the Faculty chose to
employ the claim of ‘lack of consultation’ in order to hide their innate
preference for the sweet, blissful and comfortable life which was disturbed
by the etchings. This is carried through in these words by Chris Hani, which
although intended for white South Africans during Apartheid as Van Marle 28
mentions, may serve as a universal description of how society is becoming:
Their life is good. They go to their cinemas, they go to their
braaivleis, they go to their five-star hotels. That’s why they are
supporting the system. It guarantees a happy life for them, a sweet
life. Part of our campaign is to prevent that sweet life. 29
Whatever viewpoint we hold on freedom of expression, we must also view
freedom of expression (in art, speech, or films) from a different angle – a
‘value’ and ‘impact’ angle. As the penetration of new ideas into society; the
honest portrayals of the horrors which visit upon the poor and vulnerable; the
depiction of hope and a better future; and of radically different approaches
to problems endemic in post-Apartheid South Africa. The kind of (freedom
of) expression that Victor’s etchings exemplifies is one with the potential for
a paradigm shift and a venturing off into the wilderness wanderings of new
reflections and a more nuanced critique of the human condition.
4 The University as open space
A University is probably the prime example of an open space for dialogue and
innovation or what Van Marle calls a ‘heterogenous public space’. 30 Heyns
points out elsewhere that ‘in a very real sense, universities can be agents of
28
29
Van Marle (n 3 above) 26.
W Kentridge Breakfast in the antechamber (1986) cited in Van Marle (n 3 above)
26.
30 Van Marle (n 8 above) 628.
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development’. 31 The University of Pretoria (and all other universities for that
matter) has the greatest commitment and perhaps even obligation to lead
the notion of the academic project. This, even as a first year student, I
understand to be characterised by continuous learning, exposure to new
ideas and to new ways of thinking and being, individual philosophy (as
opposed to indoctrination), challenging old schools of thought, openness,
and expression. Refusal to display or hostility towards provocative art is a
form of tunnel vision and ignorance uncharacteristic of a democratic-public
university space.
Another issue that stands in this framework is the fact that students are
an essential part of a University space. It is naturally quite puzzling that in
the course of the (disingenuous) debate on procedures not being followed,
there was never an attempt to solicit the views, opinion and perspective of
the law students at the time. Why were the feelings and interpretations of
students towards the etchings also not considered and defended? Any basic
conception of university democracy would support the view that students in
the faculty should have been part of the debate. After all, it was the current
Dean who mentioned that where there is no consultation, ‘there is no sense
of ownership’. 32 Despite these complaints about how the discussions were
conducted, some comfort can be gained from the opportunity it gives us to
stress three important issues:
(i) Firstly, the faculty should be wary of underestimating and undermining
its own students. I suspect that the students were not involved in the process
because of an overwhelming perception in faculty that students couldn’t
possibly understand the complexity of the debate and raise any new points
which weren’t already mentioned or thought of by the legal academics,
human rights experts and philosophers in the Faculty.
(ii) Secondly, the need to give students a real (and not a pretentious and ‘inspeeches’
only) sense of ownership in the Faculty. Faculty staff must use
their expertise to help students generate their own ideas, engage in their
own debates and be an active part of the life of their faculty. Students, in
this way, are not just seen as clients of the Faculty in the sense that a
teaching service is being rendered to them but they are also regarded as
stakeholders.
31 Heyns ;Transformation and the Faculty of Law of the University of Pretoria’ in
Visser & Heyns (eds) Transformation and the Faculty of Law, University of
Pretoria (2007) 20-21.
32 Heyns (n 3 above) 5.

(iii) Thirdly, the University — with good reason — often cites plagiarism as
the most cardinal academic sin but I believe denialism and escapism have
even more disastrous effects. 33 Any attempt to stifle debate — even between
students and lecturers — should be rejected. Interpreting art to ‘challenge
conventional wisdoms’, to critically think about the world around us and to
produce new and radically different understandings of and solutions to, inter
alia, the issues that Diane Victor captures in her drawings is one of the many
ways in which we can achieve the transformation needed to advance the
academic project and more importantly dislodge those very evils that Diane
Victor depicts.
Ergo, the University must place itself or at least see itself to be in a
position to deliver social transformation but if it cannot do that, it must
become a breeding ground for social transformers. This is suggestive for the
day-to-day politics, which in turn informs the culture and core value-system
that prevail in the Faculty and ultimately, the kind of lawyers it produces. If
the question of the University as open space does not receive the attention
it deserves, then it will be true — as Prof Jonathan Jansen has said — that ‘...
Tukkies can’t produce intellectuals’. 34
5 Conclusion
Art is no stranger to controversy. I would even go as far as to suggest
that some art would not be so called if it did not shock us out of our
complacency, forcing us to confront issues and themes that we are
only too happy to gloss over. 35
Art, like field journalism, music, poetry & literature and protest theatre have
had an immense impact on society and have been invaluable in uncovering
and understanding the constraints, challenges and dangers that prevail in
post-apartheid South Africa, post-colonial Africa and the post-war world. For
33 Prof van Marle puts forward an interesting proposition. Her argument suggests
that since students are not being taught and encouraged to develop their own
ideas, they end up plagiarising other people’s work. The emphasis here is on the
fact that universities are supposed to be intellectual and creative environments.
The events in the faculty and final decision to hide the etchings in the Public Law
HOD’s office are in diametric opposition to what the University should strive to
be. This may require further research and exploration but it is a notion that I
support wholeheartedly.
34 J Jansen ‘Why Tukkies cannot develop intellectuals’ (2001) Innovation Lecture
Series University of Pretoria.
35 P Matjila ‘Dissecting Nelson Mandela’ The Times 13 July 2010 9.
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this reason the arts remain essential to democratic life in the ‘new’ South
Africa.
The Dianne Victor etchings are gripping. The question is: how do we — in
an open democratic space — create the possibility of her etchings to
articulate her intended message about the horrors and violent reality of
living in modern-day South Africa? Receiving the message will of course not
be easy because she paints a grim picture (literally) of what the ‘new’ South
Africa has become. Cruel. Impoverished. Barbaric. Immoral. Unsafe. Corrupt.
And in all cases, the law often watches and does nothing. This is why the
Faculty of Law may have wasted a unique opportunity for meaningful
reflection on what Van Marle calls ‘the impotence of rights to address many
wrongs within society’ 36 and on ‘law’s time, particularity and slowness’. 37
I will now turn to the etchings as critique on law. In teasing out a link
between the crimes (against humanity) depicted in the etchings and (the)
law, Johan Thom, specifically referring to the ‘Disasters of Peace’ series
remarks that:
The existence of law may account for the existence of crime as it
calls into being a set of actions, behavioural patterns and certain
kinds of relations between entities/objects as ‘crimes’ or ‘criminal
behaviour’. Thus without law, there is no crime (though the opposite
does not necessarily hold true) — violent acts won’t disappear but the
ways in which we understand them and the reasons why such acts are
perpetrated within society, would have to be reconsidered. As long as
we continue to believe that ‘Justice is blind’ we sustain the illusion
that the law protects citizens through a mandate that is somehow
above the petty practices of (our) commerce, politics and sociocultural
interactions. Barbarism and civilization go hand in hand and
we are all implicated. 38
36 Van Marle (n 3 above) 24. See also C Douzinas The end of human rights (2000); K
van Marle ‘Laughter, refusal and friendship: Thoughts on a “jurisprudence of
generosity”’ (2007) 18(1) Stellenbosch Law Review 194 198; T Madlingozi ‘Legal
academics and progressive politics in South Africa: Moving beyond the ivory
tower’ PULP Fictions (2006) 17.
37 K van Marle ‘Law’s time, particularity and slowness’ (2003) 19 South African
Journal on Human Rights 239 255.
38 Thom ‘The sleeping monster produces reasons’ http://johanthom.com/
writtenbiocv/authored/the-sleeping-monster-produces-reasons-diane-victor/
(accessed 26 April 2010).

Returning to my earlier point about the three dimensions in which this
debate is played out, it should be clear in this paper that little focus is placed
on the procedural and with good reason. It only serves to deflect attention
from the ‘meat’ (substance) of the topic and instead focus on the ‘bones’
(form). The procedural is also not important in this discussion because it was
not the issue at stake. What do I mean by this? Consultation is an absolute
claim. In other words, it wouldn’t matter which artworks were chosen,
objections would still have been raised about the process of consultation
(not) followed. The artworks however are relative. This means that some
artworks naturally cause uproar and others don’t. The issue in 2005 began
not because of a lack of consultation but because those two specific artworks
were regarded as ‘offensive’ — a word that was regularly used in apartheidera
censorship legislation. The claim of consultation is therefore no more
than a red herring. The procedural aspect should never supersede the more
substantive questions39 that gave rise to its need in the first place.
The practical has been sequenced in the middle quite intentionally
because it comprises a combination of the procedural and the philosophical
and is concerned with how we do certain things after reconciling our
philosophical (deliberative) differences through the relevant modes of
political discourse (eg voting, debate, compromise). In this analogy, the
practical concerns where and for how long the etchings are displayed and
what other pictures — perhaps ones of joy, triumph and prosperity — are
needed in order to effect the balance ‘between horror and hope’ that Heyns
theorises. Finally, the philosophical moves us into the domain of the
substantive issues like law and human rights, its limitations, art as an
exercise of freedom of expression, art as a form of legal critique and political
commentary, the vision of a university that embraces intellectual diversity
and how all of these are — to borrow from the wording in the Constitution —
distinct and yet deeply interrelated and interdependent within a post-
Apartheid context. Together these represent the three faces of the debate.
That Heyns and Van Marle delivered papers of such high quality as to spur
such an intense debate on all three of these levels deserves praise and, in the
39 See J-H De Villiers ‘’n Regsfilosofie soeke na politieke geoorloofdheid: Die
spanning tussen prosedure en substansie’ (2009) 3 Pretoria Student Law Review
33; D Kennedy ‘Form and substance in private law adjudication’ (1976) 89
Harvard Law Review 1685-1778; J Marmol ‘The sources of legitimacy of political
decisions: Between procedure and substance’ in LJ Wintgens (ed) The theory and
practice of legislation (2005) 260; J Cohen ‘Procedure and substance in
deliberative democracy’ in J Bonham & W Rehg (eds) Deliberative democracy
(1997) 407.
19

20
interests of preserving the vision of the academic project, our gratitude as
well.
I would like to use Woolman’s observation of ‘Aristotle’s rejection of
abstract ideals and his embrace of virtues tied directly to action, character
and very specific ways of being in the world’ 40 to make a statement about
the critical reflection that the events surrounding the Diane Victor artworks
should have made apparent. The law does not exist for its own sake and nor
does legal philosophy, human rights or politics. They exist — I would argue —
merely to set the stage for ‘an action’, ‘a change’ or ‘a shift’ to happen – this
is where people’s lives are touched. I am always the first to praise the
importance of a good academic conversation but I fear the risk of writing
eruditely on the deeper meaning of Diane Victor’s artworks — those ills which
she portrays — and then after being complemented by my peers and
lecturers, slithering back to the comfort of my Audi A3, my HP laptop and my
comfy bedroom only to speak of such horrors in the abstract. This would be
just the same as denying the truth embedded in the artworks or reacting with
hostility and discomfort to them. A good way to start would be working
within the existing socio-legal and political framework to effect the social
transformation we philosophise in the conference rooms and lecture halls
even if we disagree with its philosophical identity, even if only to try and
change it from the inside. Talk, as they say, is cheap!
40 S Woolman ‘On rights, rules, refusals and relationships: a reply to Van Marle’s
jurisprudence of generosity’ (2007) 18(3) Stellenbosch Law Review 508 517.

... Open and transparent — ironic?
21

Horror art as impetus for activism
A response to Joel Modiri
* My sincere gratitude is extended to Prof Karin van Marle for her feedback
regarding this discussion and Prof Duard Kleyn for discussions preceding this
publication.
Emile Zitzke*
Faculty of Law, University of Pretoria
It is the tragedy of the world that no one knows what he doesn’t
know— and the less a man knows, the more sure he is that he knows
everything
Joyce Cary 1
1 Introduction
Responding to Modiri, I elaborate on the role of art as an essential tool, not
primarily of freedom of expression, but as one which should re-etch our preexisting
(often narrow) understanding of the present and subsequently
trigger activism in terms of the struggle for a respectable South African
society.
This discussion will focus on the role of images on the antipathy towards
the artworks of Dianne Victor; the contemporary situation in terms of
exposure to horror and vulgarity; the various functions of art in terms of
shaping society; the aims of effective interior design and the exhibition of
artwork as an instrument thereof; and lastly how all of the above should be
practically considered and steps that I suggest could be taken for restitution
to take place.
Misconceptions arise due to pre-existing ideas and connotations that we
have. When we are exposed to reality in a vivid form such as art, our
emotions and conscience is challenged, leading to the sense of ‘horror’.
1 J Cary (1961) Art and reality: Ways of the creative process, as quoted in CW
Kegley (2009) World politics: trend and transformation 4.
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24
Shying away from the images is similar to denying the existence thereof and
subsequently denying that action must be taken to terminate day-to-day
atrocities.
Today, we are exposed to varying intensities of vulgarity in a variety of
media. Yet, we draw a fine line between ‘exciting vulgarity’ and ‘horrific
vulgarity’. Due to the brutality portrayed in the Victor etchings viewers may
feel the need to censor the extent to which they internalise the horror of
reality and thus object to the images in totality without any thought invested
in the matter. It is a vital practice when dealing with any art form, to
consider the intention of the artist and themes that are portrayed.
In the Centre for Human Rights, one expects to find a culture of activism.
One also expects to find issues of horror as portrayed in the etchings. Thus,
when considering the intention of the artist and the aims of good interior
design, the etchings were an appropriate selection for the Centre. The
images should cultivate activism and not desensitisation. This will only be
achieved once a true appreciation for art and the finer details (and
messages) of the artworks are internalised by viewers.
More recent examples of where art has caused controversy are also
discussed, with specific reference to the Damaso painting of Nelson
Mandela’s autopsy, as well as a shocking photograph of a discarded baby in
The Times. The latter example will clearly indicate how various institutions
may react positively to bring change as a result of visual media. Thus, visual
media acts as an impetus of activism.
2 Kegley on images
Modiri quotes Kegley in an attempt to explain how individuals categorise
different genres of art. To expand on this, the following needs to be
emphasised:
Kegley argues that the role of ‘mental pictures’ (images) is to simplify
reality due to the lack of human capacity to fully understand the
complexity of our world. 2 Accordingly, distortions and misconceptions
exist. These make it very difficult to approach any novel idea
objectively. This is explained as follows:
We try to keep that image consistent with our other beliefs and,
through a psychological process known as cognitive dissonance, reject
information that contradicts how it portrays the world. In short, our
2 CW Kegley (2009) World politics: trend and transformation 8.

mind selects, screens and filters information; consequently, our
perceptions depend not only on what happens in daily life but also on
how we interpret and internalise those events.’ 3
Therefore, when we are confronted with an image (in this case literally) that
horrifies, the concern is not whether it should horrify or who is horrified, but
rather why it horrifies — which of our values are challenged by the image?
In terms of the Victor etchings, I believe the images evoke the
genuineness of rape, similar sexual crimes and other crimes against
humanity. From the perspective of an individual who has never been directly
subject to any of the above, the basic pre-existent connotations thereto are
vague and a mere formless figment of imagination. The moment that the
brutish nature of such events is unmasked, some are shocked by the fact that
this is what happens on a daily basis in our country and/or by fact that they
have been so detached from reality and that seemingly, the minimum has
been done to address these issues. Such an attitude is carried through by Cary
as quoted above. 4 The less we know about social issues, the less we seem to
care. Thus, the little value which was attached to this far-away concept of
rape is challenged.
The response from individuals exposed to the realities portrayed in these
images could then, in my opinion, be twofold. They either start taking action
in personal capacity to address these issues where possible, or they further
dissociate themselves from the harshness of reality in an attempt to suppress
the conscience which would under normal circumstances conjure guilt.
To refuse the existence of things which fall outside the ambit of our
understanding is much akin to the poorly thought Malemanic argument which
denies reality simply because it does not exist in one’s culture (in this case,
‘rape’ and ‘family violence’ and not ‘intersexed persons’). 5
3 Modern society
Virtually every person who has access to a television, film and advertisement
of any kind is exposed to a certain extent of vulgarity. One of the best
marketing tools of our age is encouraging covetousness and appealing to
conformation to the raunch-culture, which a large part of our world is
3 As above.
4 Cary (n 1 above).
5 See Sunday Times (26 December 2009) Mampara of the year: Julius Malema.
25

26
inclined to. 6 Simply put, sex sells.
I find it ironic that we see any difference at all between two film actors
indulging in a promiscuous act, as opposed to a grown man and a child as
suggested by the Victor etchings. Both acts are, in their own right in my
opinion, demoting values of self-worth and love as well as the privacy hereof.
What has horrified in the past has now become more acceptable to the
masses. Yet, once the line between exciting vulgarity and horror is
overstepped to the point that we need to move out of our comfort zones into
the light of reality, many object.
Of course we get upset when hearing stories about a one-year-old girl
being assaulted by robbers to the extent that brain damage may be present,
although we allow a certain amount of personal censorship in terms of how
vividly we imagine the traumatic experience of this baby and her parents. In
most cases, we gasp in shock at the horror of the event, and within a few
days, most cannot even remember that the girl’s name was Marzaan Kruger. 7
Tomorrow brings its own atrocities, which are quickly forgotten within the
days to follow, and so a vicious (or should I say, a sad) cycle is apparent.
Gabriella Pearse proposes an argument in her poem Today that we live
in an impersonal world where we have little concern for other’s anguish:
A woman with a gash
so deep and wide in
her black soul
came and spilled her
self over me.
Asking to be held
like no one held her.
Asking to be fed
like no one fed her.
She crawled beneath
my skirt trembling and
afraid and clasped
my lifeboat legs.
But I had meetings
to go to,
and a world to save. 8
6
See Sunday Times UK (7 May 2006) Raunch culture and the end of feminism.
7
See Sunday Times (23 April 2010) Assaulted baby in serious condition.
8 G Pearse ‘Today’ in R Malan (ed) Worldscapes: a collection of verse (2008) 254.

In the last three lines of her poem after describing a woman pleading for
help at the feet of another, Pearse shows the stark irony of modern culture.
Hudson explains that we live in a ‘driven’ world where it is easy to lose
passion for life, and compassion for others. Whether our ‘drive’ relates to
work (as in the above poem), ignorance or any other drug of choice is
immaterial. Hudson also quotes the Danish philosopher Kierkegaard who
devised the aphorism, ‘there will come a day when people die for lack of
passion’. 9 It appears that that day may have arrived. Even though this is a
broad stereotype of the world, I do believe it holds some value.
To advance the reasons why the line is drawn between vulgarity and
horror, we may draw a distinction between the different purposes that art
may fulfil in society.
4 The role of art in society
Regardless of the type of art — whether it be visual, dramatic, musical or
literary — there has been a tendency for modern artists to shift towards more
‘controversial’ works. Lately, it appears to me that vulgarity demands
applause. Baker quotes Ryken where he says ‘Human evil and depravity are
one of the leading subjects of art’. 10 One should not confuse the concept of
vulgarity (in terms of humour, excitement and pleasure) with horror (in
terms of harsh realities). It is a peculiar observation of society that horror is
met with such hostility. Are we so trapped in a life of escapism that we
cannot deal with reality? Art affords us the opportunity to approach our
personal philosophies from a different perspective, when analysed in terms
of creativity and the artist’s intention.
When the play, Biko: Where the soul resides made its fist appearance on
stage in 2008, it was met with mixed reactions. 11 The use of the word ‘kaffir’
by a character in the play in the form of a police officer caused an upheaval
from all sides of the colour spectrum in our country. The necessity of the use
of that word was challenged. Fact remains, racially offensive words were
employed extensively in the past, and still unconstitutionally today. It
appears that it is only the moment that the severity of a real life issue is
exposed, that we complain. To my understanding, the playwright as well as
the director wished to portray reality as closely as possible and to harshly
9 T Hudson (2010) Om lief te hê podcast at 05:22 http://mosaiek.podbean.com/
(podcast accessed 26 October 2010).
10 T Baker ‘The lost arts’ (1997) Many-to-Many Issue 19:11.
11 Written and directed by Martin Koboekae.
27

28
exhibit the violent nature of such words. Sometimes it is necessary to be
‘harsh’ in art to portray a message effectively.
Another example illustrating the line between vulgarity and horror may
be the Vagina Monologues which came into existence in 1996. 12 This episodeplay
has excited audience all over the world, mostly due to the fact that
there is little horror, and a great deal of crudeness in that play which
provides for ‘good’ entertainment and enjoyable shock value. 13
An art film is one which cultivates a strong appreciation for creativity in
cinematography, and has a highly specific target audience. The reason why
many art-films do not sell as well as more commercially oriented films, is due
to their non-conformance to the Hollywood prototype which forms the ideal
model for good entertainment, leaving little space for the appreciation of
true creativity. Entertainment-appeal is the deciding factor of the success of
the way in which art is received, not necessarily its creative value. 14
The artist’s point of view necessarily makes art a mechanism for freedom
of expression, which is dealt with extensively by Modiri and Heyns
respectively. Art, a creation of human ingenuity, is philosophical by nature. 15
The themes portrayed in an artist’s work should be analysed by the viewer
and should leave the viewer questioning their existence in the world. 16
When looking at Victor’s work, ‘Made to measure’, one tends to forget
to look beyond the horror of the focal point. To the left of the etching, Victor
suggests a ‘hang-man’ game. Could she be suggesting the reinstitution of the
death penalty? Is she insinuating that society is systematically hanging itself
due to the apathy of the State as well as individuals to be actively involved
in bringing such crimes to an end? The statement made is clearly much
deeper than the initial shock-value.
The majesty of art, to me, lies in its ability to break social constructs and
to result in change. This change may be in the form of thought patterns, or
activism as explained below.
12 Written by and originally starring Eve Enslin.
13 A Meadows ‘The Vagina Monologues’ The Tech Theatre Reviews (2002).
14 E Bruno ‘5 Reasons why films fail’ It’s not always the quick buck (2010).
15 A Rand The Romantic Manifesto (1972): ‘Art is a selective re-creation of reality
according to an artist's metaphysical value-judgments. An artist recreates those
aspects of reality which represent his fundamental view of man's nature.’ 45.
16 PD Uys (2005) Between the devil and the deep: a memoir of acting a reacting 9.

5 Interior design and relevance to the debate at hand
An interior designer combines various elements within a space to create an
ordered theme of design. This includes the use of inter alia, colour, texture
and various art forms. The key element to this type of design is matching
purpose with practicality. 17
The Centre for Human Rights, as far as my limited understanding
stretches, does not deal with the pretty and flowery issues of the world.
Applying the most basic principles of interior design, it is clear that the
theme which was probably originally intended for by the art selectors, was
appropriate to the given department. Granted that the etchings may be
offensive to some, the very make-up of the issues dealt with in the Centre
for Human Rights may create a rather striking mental-picture which is also
offensive to many individuals. Hence, without insult, the latter individuals
should rather concern themselves with a field of the law which does not deal
with the most ostentatious acts of violence in the world.
To my knowledge, the persons who would be exposed by this art on a
daily basis are familiar with the issues raised in the paintings. The effect
which I propose it will have is that of impetus — an additional driving force
behind these progressive individuals to institute changes in the system where
necessary, as well as to stand firmly behind the promotion of equality,
justice and effectively a respectable society. Thus, activism is promoted.
I concur with Sontag’s first testimony as quoted by Heyns, referred to by
Modiri, that horror art could have a predominantly positive effect in terms of
creating awareness of pressing social issues. 18 However, I disagree with
Modiri’s statement averring that it could ‘desensitise the viewer’ and
Sontag’s view that ‘atrocities [wear] off with repeated viewings’. When art
is viewed superficially at the first glance the shock-value is at its peak and I
do agree that the shock-value may decrease with repeated viewings. The
variance in my view is in the richness of art. Art is charged with meaning.
Every time one views a specific piece of art, one can discover something new.
The artist Bansky said, ‘The holy grail is to spend less time making the picture
than it takes people to look at it’.
17 J Gittens (2009) Basic interior design rules 6.
18 CH Heyns ‘In graphic detail: Freedom of expression on campus’ Disasters of
peace: an exchange (2005) 1 PULP Fictions 12.
29

30
I have already pointed out the added detail to the far left of ‘Made to
measure’. Revisit the drawing and take notice of the other elements which
may have been (deliberately) left in the dark at the time of previous
viewings. Due to the philosophical richness of art, I do not believe repeated
viewings will cause the horror of the act to dissolve over time, but rather
that a deeper understanding and appreciation for the earth-shattering nature
of the acts depicted will be entrenched. 19
If more individuals have exposure to such art works to the effect that
they have a greater drive towards achieving justice and a respectable
society, then it could be possible for these artworks to be transferred to the
Department of Legal History to classify these problems as concerns of the
past. Even though this is highly optimistic, our own country’s history has
proven that change in fundamental values of a society is possible and that
unimaginable goals are indeed possible if there is a powerful drive behind
such a movement for change.
William Kentridge and Sue Williamson serve as examples. Both of the
above-mentioned artists have played an integral role in actively warning
society against the dangers of blind conformism, and also encouraging
viewers to take a stance against injustices. In an interview with the Sunday
Times, Williamson is quoted as follows:
South Africa has a long history of struggle art. Engaging in social
issues is what makes South Africa strong ... It is difficult to quantify
what role art plays in change. But in the 1980s, the state took note of
what we did … Art as protest can play an important role in attaining
transformation. It can be a precondition for change. 20
19 See (note 14 above).
20 Sunday Times (22 October 2009) Art as activism, art as protest.

6 Recent examples
In July 2010, two examples of horror art causing controversy were observed
in the public space. Firstly, the artist Yuill Damaso caused upheaval with his
painting depicting Nelson Mandela under autopsy, based on the famous work
by Rembrandt entitled ‘The anatomy lesson of Dr Nicolaes Tulp’ (1632).
31

32
The Damaso artwork demonstrates the Mandela autopsy under guidance
of Nkosi Johnson (famous deceased AIDS orphan) with political figures Thabo
Mbeki, Helen Zille, Trevor Manuel, Jacob Zuma, FW de Klerk, Desmond Tutu
and Cyril Ramaphosa paying close attention. Damaso claims that he has
received complaints from Mandela family and friends accusing the artwork of
being insensitive and in bad taste, considering that the family is still in
mourning of another family member who had recently passed away. 21 At first
glance, one may also be disgusted by the idea of portraying a living political
groundbreaker as a cadaver but this artwork, similar to the Victor etchings,
requires deeper thought and interpretation.
Damaso told the BBC that the painting conveys the massage that
Mandela’s inevitable death is a reality which people worldwide will have to
21 CBCNews (2010) ‘Artist’s Mandela autopsy painting draws ire’ http://
www.cbc.ca/arts/artdesign/story/2010/07/12/mandela-autopsy-painting.html
(accessed 19 November 2010).

come to terms with eventually. 22 Furthermore, the picture reveals a rather
beautiful message — even though Nelson Mandela is a global icon who has
achieved the virtually impossible, underneath his fame and glory, he is ‘flesh
and bone just like everyone else’. 23 Politicians need to come to terms with
the fact that pure humanity makes a person great and enables them to
achieve great things.
In light of the above explanation, if I were in the shoes of the Mandela
family, I would see past the horror of the artwork and appreciate the
fantastic complement hidden within it. Even though the ANC has protested
against the display of this painting, I doubt whether Mr Mandela would
employ an approach as narrow-minded and reactionary as critics of the
painting. 24
The second example is a photograph published in The Times, July 21
2010, showing the horrific image of a dead discarded baby. Phylicia Oppelt,
editor of The Times, decided to publish the gruesome photograph on the
front page. In her editorial she writes:
When a life is discarded so easily, like a useless thing, unworthy of our
care, what must we think? It is for this reason that we want to honour
this baby girl’s life — to shout out that she did not deserve to be
dumped like a piece of litter. This child’s death should make us ask
about the society we want to create for our children. The dumping of
a child ... must make us ask what value we attach to that most
wonderful Constitution of ours. 25
Following this publication, ANC child-rights bodies have taken action and
demanded that police find the mother of this baby. 26 Suddenly the
prevalence of this problem has become clear. Due to this photograph, it
appears that state bodies have been forced to take an active approach
towards social problems because the country has been given a glimpse of
what really happens in their country. Clearly horror art functions as an
impetus for change which results in immediate action from government.
Stephanie Munholland, representative of the Door of Hope organisation told
The Times: ‘We are glad you raised the awareness on this issue by using that
picture — this is just one of the many cases that we are faced with on a daily
22 See (n 20 above).
23 L van Wyk ‘Mandela “autopsy” just not on’ 9 July 2010 Mail & Guardian.
24 See (n 22 above).
25 P Oppelt ‘Editorial’ 21 July 2010 The Times 1.
26 G Ndebele ‘Outrage over dumped baby’ 22 July 2010 The Times 6.
33

34
basis’. 27 Public response that followed on 22 July varied from congratulating
the editor on her courage for this portrayal, to accusing The Times of ruining
readers’ days. 28 The fact remains that this is a harsh reality in South Africa
that has not been as widely broadcast as other crimes.
Some people’s days may have been ruined by this photograph, but that
child’s life was ruined. It’s time we face the vivid realities that lurk our
streets in our beautiful country. This is comparable to the Victor etchings —
once we face the vivid realities of our world, we are forced by our conscience
to act positively to bring about change. It would be unethical to complain
about the images being ‘offensive’ without dealing with the merits of the
artwork. It is possible that the images offend so many people due to the
apathy towards taking positive action in our country.
7 Conclusion
It has been shown why individuals may have complete disregard for the true
intention of the Victor etchings, due to preconceived ideas and connotations.
The key issue is how these mental images can be changed in order for an
activist-approach to be fostered. A combination of tolerance and willingness
to analyse and appreciate art for its true meaning is required. Essentially,
this requires the viewers to be open-minded and willing to compromise their
existing conceptions of reality.
An interesting parallel can be drawn between the debate regarding the
etchings, and the debate regarding the establishment of the Centre for
Human Rights in 1986. No explanation is needed regarding the milieu of the
Centre’s establishment, and one can imagine the varying views in the faculty
regarding its creation. Today, it is absurd to think that some protested
against the Centre because it was a ‘Communist threat to civil society’.
Possibly, in a few years’ time, we will also sit back and laugh about the
narrow mindedness of the persons involved in the removal of the etchings
from the Centre for Human Rights, due to their lack of understanding and
appreciation of true creative art.
Thus, both Modiri and I suggest that all people should learn from past
mistakes. Furthermore, that where possible, restitution should take place.
Modiri submits that a greater sample of members of staff as well as the
students themselves should have been involved in the decisions regarding
27 See (n 25 above).
28 Public response ‘Opinion and letters’ 22 July 2010 The Times 16.

such a ‘controversial’ topic. Due to the fact that there have been new
appointments in various administrative positions — the dean of law, the
director of the Centre for Human Rights and the rector and vice chancellor
of the University of Pretoria has changed — it might be time for this issue to
be raised again, and for various forms of party-participation to take place.
The University is supposed to be an environment where students especially
can participate in provocative debate at non-violent and non-party-political
levels, as suggested by Modiri.
As a recommendation, we propose that the issue be brought to the floor
once again and that a more equitable decision be made regarding these
etchings. Having reflected on the views of Heyns and Van Marle five years
ago, it seems clear that an opportunity is needed through which the
university and faculty community can re-reflect on the events which began
with the display of the Victor etchings in the Centre. Our own democracy and
our egalitarian aspirations demand that we should be open to creating a
space where all the tensions can find a place for comfortable expression.
Therefore, a set time period should be put forward where all law
students as well as staff members are invited to an exhibition of the
controversial artworks. Viewers should be encouraged to visit the artworks
repeatedly in order for the finer details and true intention of the artist to
become internalised. Furthermore, Victor should be given the opportunity to
present a public lecture on her artworks, where she discusses her motives
and insight regarding Disasters of Peace. From here, different views may be
shared and the true egalitarian processes should follow.
35

Untitled
Christof Heyns
Faculty of Law, University of Pretoria
Once upon a time, in a far-away country, there was a ruler who cared deeply
for his people. As far as he could, he allowed them to say and do what they
wanted. He always said the only time his officials should intervene was when
people were harming one another. They were allowed to read and write as
they pleased, and to play music and dance in the streets. Art galleries and
classical buildings adorned the cities and towns.
Across the country there were walls where people were encouraged to
express themselves. Some wrote poetry, others used it to paint pictures and
some used it to pen what they considered to be inspiring messages. The most
popular theme for the paintings was rural scenes.
But, and this worried the ruler, there was very little evidence of what he
considered to be ‘true creativity’. One day as he walked with his trusted
advisor in the streets (undercover, as was his habit) they stopped at some of
the paintings on the walls. ‘All these cows and waterfalls may have their
place but has anyone here even written a play, a poem or a song, or
presented us with a painting that has given us a glimpse into what life is all
about?’ the ruler asked. He was getting more agitated. ‘Isn’t that also why
so few scientific inventions and patents have emanated from our country —
we are living in a fantasy world.’
‘The thing about people having ideas’, the advisor said ‘is that it is a
package deal — the good ones come with the bad ones, and there is not
always a clear line between them’. ‘If that is so’, the ruler said, ‘it is the
price we will have to pay’.
He decided to conduct an experiment. He called it ‘Project Open Your
Mind’.
In one part of the country he had a giant frieze put up on the city hall.
In the frieze, the Palace of Justice, a national monument which housed the
high court, was on fire — stark orange against the blue winter skies.
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38
‘Somewhat kitsch’, was the somewhat tongue in cheek assessment of one of
the newspapers.
In another part of the country the ruler commissioned his favourite
painter, as well as a younger and untested, but enthusiastic artist, to portray
the depravity of man against man — and of man against women and children.
The painter was also very skilful with mosaic. Soon images of children whose
heads had been chopped off by burglars and women hanging upside down
after troops from a neighbouring country have departed decorated the
outside walls of the most prominent public buildings. The younger artist was
more experimental, and put the carcasses of pigs and poodles in a glass cage
where they were able to change colour as they were rotting in the warm sun.
In yet another part of the country, marching bands from a particular
cultural group would for a month walk down the streets every day and play
traditional folk songs — sounding much like the kind of music known as
boeremusiek in some parts of the world. When his adviser asked him why this
kind of music in particular, he said that he knew many people did not like it.
‘But we need to teach people to go beyond their comfort zones — to open
their ears and their minds.’
The ruler’s intentions were pure, even if some considered his methods
to be unconventional, so he was taken by surprise when there were first some
hushed protests about the music, then some of the paintings disappeared
from the trees, and eventually there were riots in the streets, calling for
project ‘Open Your Mind’ to be scrapped. Some of the glass boxes were
smashed with stones.
Fierce debates — and some fist-fights — ensued all over the country.
Work slowly started grinding to a halt.
An old man was quoted in the newspaper as saying: ‘There is enough evil
in the world — we must try to forget it, not celebrate it. What was wrong with
our peaceful and beautiful cities?’
His daughter was also interviewed: ‘No, we must see how dark our hearts
really are. This is the truth we have been hiding from all these years.’
The newspaper also reported on a senate meeting at the local university.
One of the speakers said that he did not like the ‘Open Your Mind’ campaign,
but he did feel challenged by it, and that the university should find other
ways to encourage students to think more for themselves. ‘If we want our
students to be more innovative, we need to challenge their certainties — that
is the only way to prepare them for the real world.’

At the main exhibition hall a public debate was organised. A professor of
art spoke: ‘The mosaics are exquisite works of art and for that reason alone
should be supported, even if they make us uncomfortable. Where I draw the
line is at the boeremusiek. I have not heard anything as void of beauty. I
cannot work when I am in that part of the country. It hits me where I live.
They should stop it right away.’
To this someone in the audience responded: ‘You rich university people
think you can tell me what I should like and not like. I may be uneducated
but let me tell you the only part of the whole thing that I like is the
boeremusiek. I hope someone will have the guts to paint over all these other
monstrosities.’
Someone else ventured her view: ‘I would not mind it if these things
were displayed somewhere in a museum where those who wanted to go and
see it could do so, or if the music was played in a hall, but why don’t we have
any choice in the matter?’ ‘Yes’, said her neighbour, ‘the dead animals will
hopefully disappear, and the bands will grow tired of what they are playing,
but are we going to face the mosaic on the buildings and the frieze for the
rest of our lives? I feel sick by the time I get to work.’
‘You’re a bunch of fascists’, said a law student. ‘We had censorship for
many years in our country under the previous ruler, now you want to bring it
back? If you object against this art, whatever you want to say may be
censored as well. What became of the free speech we are famous for?’. ’Yes,
cool, anything goes’ said his friend.
‘You’ve got it all wrong, this is simply a new form of censorship’, yelled
another. ‘We are back where we were. They used to tell us what not to think;
now with this “art” that they are ramming into our ears and eyes they are
telling us what to think. Big brother is taking the decisions for us.’
‘Hear, hear! We were never consulted. What about our rights to speak
up and be heard about what we want to see and hear in our public places?
What about our freedom of speech?’, shouted someone from a rowdy bunch
at the back.
A man in a long black coat, with Goth makeup and a black cap, stood
near the door, listening intently to all the arguments. His companion, a
stocky man with alert eyes, raised his hand and asked: ‘If everyone has a veto
over the art in the city, we will have the most boring city in the world.
Someone has to take the decisions. We elected our ruler, shouldn’t he be the
one to do so?’
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‘You are such prudes’ said the law student, in disgust. ‘Why are you so
shocked and outraged? You are judgemental and intolerant of challenging
ideas. I despise your small mindedness.’
An old woman, who had not spoken before, turned around. She had been
a teacher for many years, and many recognised her as the one who had
taught them poetry. She quietly asked: ‘But why are you fighting with those
who speak their minds? Do we not all have roles in this? The work of the
artists is to provoke us, but then — equally important — it is our turn to be
provoked. What will it say of us if we do not bat an eye when we see pictures
of women who have been raped, and do not protest to the highest heavens?’
Just then the wind in the street changed direction, and the smell of one
of the rotten carcasses in a broken glass box filled the room. People ran out
waving their hands in front of their noses to chase away the smell.
It was clear that the meeting was over, and the crowd dispersed. The
man in the black coat and his stocky companion made their way in the
direction of State House, the seat of government. ‘What, indeed’, said the
man in the coat, throwing his hair back ‘would it have said about us if no one
objected?’ ‘Do you plan to take it down?’, asked the stocky man. ‘Not yet,
not yet’, said the ruler.
As they approached the Palace of Justice, they saw a commotion. Thick
black smoke came through the roof. The building was on fire — orange flames
against the blue skies.
‘Think of it as a work of art — although it is perhaps somewhat kitsch’,
said the advisor.
For a moment the ruler looked at his friend and engaged with the irony.
‘You should not believe everything the newspapers say.’ Then he turned his
gaze away, across the square. They were engulfed by thick black smoke, and
whiffs of teargas stung their nostrils and burned their eyes. The tears that
ran down his cheeks smeared his makeup. In the distance people were
running away from the police, who were on horseback, lashing at them with
sjamboks.
‘Only people leading agonised lives can hope for a moment of clarity’,
the ruler said, to no one in particular.
When the smoke cleared, the two friends walked slowly in the direction
of State House. In the distance they heared the sound of an accordion.