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The Spear (painting)

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The Spear
See adjacent text.
ArtistBrett Murray
Year2010[1]
TypeAcrylic on canvas
Dimensions185 cm × 140 cm (72.8 in × 55 in)
LocationGoodman Gallery, Johannesburg

The Spear is a 2010 painting by Cape Town-based South African artist Brett Murray. Put on public display in 2012, it depicts the then South African President Jacob Zuma, his genitals revealed, in a standing pose reminiscent of Russian revolutionary Vladimir Lenin.[2] The painting triggered a defamation lawsuit by Zuma's party, the African National Congress (ANC).

The ANC's public condemnation of the painting and vandalism upon it brought widespread local and international attention to the painting, where otherwise it may have remained a relatively obscure piece of work.

Exhibition

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The painting was one of the pieces of artist Brett Murray's Hail to the Thief II exhibition in the Goodman Gallery in Johannesburg, which opened on 10 May 2012.[3] Inspiration was drawn from the Russian artist Viktor Semyonovich Ivanov's poster Lenin Lived, Lenin Is Alive, Lenin Will Live.[4] The exhibition features various pieces that are critical of South Africa's ruling party, the ANC, showcasing sculptures and images that suggest corruption and bad governance.[3] Murray's works in the exhibition also include modifications of ANC liberation-struggle posters and flyers from the Apartheid era, some displaying the text "Amandla, we demand Chivas, BMWs and bribes".[5]

Public perception of Jacob Zuma

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Zuma has often been the centre of scandal and ridicule, due to his polygamous lifestyle with many wives and girlfriends,[6] and a comment he made during his 2006 rape trial that showering after sex would minimise the risk of contracting HIV.[7] His lifestyle has made him the target of well-known cartoonist Zapiro, who frequently depicts Zuma with a shower on his head, ridiculing the statements he made during his trial.[8] Zapiro was also sued for defamation by the ANC, with a hearing expected in October 2012.[9] These public perceptions of Zuma provided part of the basis for Brett Murray's painting.[9]

Zapiro added fuel to the fire by doing his own version of the painting, replacing the genitals with a showerhead.[10] Another appeared two days later, ridiculing Zuma.[11]

ANC response

[edit]

After a review and photo appeared in the City Press, Liza Essers, the owner and director of the Goodman Gallery, said that she received a telephone call from Mduduzi Mbata, special advisor to the minister of arts and culture, seeking to clarify her thoughts on the exhibition. She invited him to visit the gallery the following Tuesday.[12]

The ANC issued a press release on 17 May 2012 expressing outrage over the painting and saying it would apply to the High Court to have it removed. Attorneys representing the ANC and Zuma repeated the threat in an email sent to Essers the same day.[12] The painting drew strong condemnation from ANC leaders and various religious groups, who found the painting "obscene" and "vulgar".[13] A leader of the Nazareth Baptist Church called for the artist to be stoned to death.[12] The ANC also demanded that the image be taken down from the City Press' website. ANC spokesperson Jackson Mthembu said of the painting, "The African National Congress is extremely disturbed and outraged by the distasteful and indecent manner in which Brett Murray and the Goodman Gallery in Johannesburg is displaying the person of comrade President Jacob Zuma".[14] Zuma responded to the artwork by saying that it painted him as "a philanderer and a womaniser".[15]

In response to the impending legal action, gallery spokesperson Lara Koseff said its lawyers had responded that it would stay until the show was over, citing censorship concerns as central to the decision to allow the exhibition to continue.[13] The ANC Women's League has also demanded that the exhibition be halted, and all instances of the image be removed from the internet.[16][17] Brett Murray said that his painting had not been intended maliciously, but as "an attempt at humorous satire of political power and patriarchy within the context of other artworks in the exhibition and within the broader context of South African discourse".[18]

In the first day of legal proceedings, the representative for the ANC, Gcina Malindi, began sobbing and was unable to proceed, causing the process to be adjourned and postponed and the television coverage of the event was suppressed. Later, the ANC sought to drop proceedings.[19][20][21][22]

Consequences

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The ANC's public condemnation of the painting brought widespread local and international attention to the painting, where otherwise it may have remained a relatively obscure piece of work. For this reason, the action and subsequent fall-out has been characterised as an example of the Streisand effect.[23][24] Subsequently, The Spear has been featured in editorials and news features in all forms of traditional and digital media.

Former ANC leader Oliver Tambo's daughter Tselane Tambo was of the opinion that Zuma deserved Murray's portrayal of him. She wrote on a social networking site, "Do the poor enjoy poverty? Do the unemployed enjoy hopelessness? Do those who can’t get housing enjoy homelessness? He must get over it. No one is having a good time. He should inspire the reverence he craves. This portrait is what he inspired. Shame neh!”.[25]

The media boycott of City Press by the ANC and various public figures led to the newspaper eventually removing the painting from its website on 28 May 2012.[26]

Media boycott

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After City Press repeatedly refused to remove an image of the painting from their website, the ANC called upon its members and sympathisers to boycott placing advertising in, and buying of, the weekly paper. A statement released by the ANC said: "Their refusal to remove this portrait from their website and their controlled social media is a clear indication that this newspaper does not belong to our shared democratic dispensation and values." Responding to the boycott, City Press editor-in-chief Ferial Haffajee described Nzimande's call for a boycott of the paper as "deeply disturbing".[27]

The ANC was criticised by the South African National Editors' Forum (SANEF),[28] which said "While we recognise the right of the ANC to advise members on how to exercise their consumer decisions, the call for a boycott of a newspaper is tantamount to intimidation and abuse of power ... This kind of behaviour is unbecoming of a party that functions in an open democratic stage and especially one which leads the national government."[29] The boycott of City Press was further condemned by the International Press Institute (IPI),[30] and by 28 May, ten days after the newspaper printed the painting for the first time, opinions in the ANC had divided with several senior members opposing the boycott.[31]

Defacement

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On the morning of 22 May 2012, two men entered the gallery during visiting hours and defaced the painting - first by painting a red cross over the depiction of Zuma's face and genitals and then by smearing black paint over the canvas. The two – Barend la Grange and Lowie Mabokela[32] – were arrested. Court proceedings brought by the ANC were under way.[18][33]

Classification

[edit]

On 22 May 2012, the Film and Publication Board (FPB) of South Africa announced that a team of five classifiers had been sent to assess The Spear,[34] following specific complaints to the FPB, which is the statutory body responsible for classifying, and applying age ratings and content advisories to, works published or distributed in South Africa,[35] including films, computer games, images of all kinds, and printed publications;[36]: 1, 3  however, "Only pornographic publications need to be passed by the FPB before they are released on the market" while others are considered based on "complaints received from the public regarding specific publications",[37] and the FPB's jurisdiction specifically excludes newspapers[36]: 3 [38][39] and the broadcast media,[38][40] which are regulated by separate entities. For this reason, the FPB proceedings could only consider the painting itself, its display by the gallery, and its publication or possible publication on websites or in other venues subject to FPB jurisdiction; and could not address the publication of images of it by newspapers or broadcasters.[36]: 3 [38][39] During the classification proceedings, there were allegations that the FPB was acting outside its statutory remit,[41] and that specific members had made statements or asked questions implying that it was entitled to censor political opinions and restrict freedom of the press.[42]

On 1 June 2012, the FPB announced that the classifiers assigned to 'The Spear' had rejected a complainant's call for the painting to be rated X18[36]: 5  (placing it within the category of legal pornographic works that must "be passed by the FPB before they are released on the market",[37] and that may be distributed only by licensed distributors, who are required to obtain proof of age[43]: 19 ), but had decided on a 16N rating for the original, undefaced and uncensored, painting, meaning that measures should be put in place to prevent access to it and to images of it by those under the age of sixteen, and to advise "sensitive adult viewers" over sixteen that it contains nudity (but not explicit sexual content, which would have been designated by an S in the rating).[36]: 5 [39][44][45] In its press statement announcing the classification, the FPB referred at length to its statutory authority and responsibilities, in particular its role in "promoting the safety of children";[36]: 1  and explicitly denied that it had been influenced by political figures or had acted beyond its jurisdiction, saying that "We believe that reports to the contrary have been specifically designed to defame the Film and Publication Board, question its integrity, competence, credibility as well as formulate as a reality the false notion that the state seeks to silence and censor the media by all means possible and with total disregard for accepted procedures and principles".[36]: 3  In reply to questions, FPB chief operations officer Mmapula Fisha said that The Spear differed from other works of art containing nudity, and merited the 16N classification, because "The artwork has forced society to revisit its painful history".[39]

On 10 October 2012, the FPB announced that the Film and Publication Appeal Tribunal had upheld the Goodman Gallery's appeal, setting aside the classification and thereby removing all restrictions on publication of and access to the painting.[46][47][48] The tribunal's full ruling[49] was published on the same day.[50]

The Appeal Tribunal approved the original Classification Committee's determination that The Spear should not be classed as pornography,[49]: 5–7  but found against the committee, its procedure, and its classification on several grounds.

See also

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References

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  1. ^ "Why Zuma's Spear should stay up". Newzimbabwe.com. 23 May 2012. Archived from the original on 25 May 2012. Retrieved 26 July 2012.
  2. ^ Govender, Peroshni. "Presidential penis portrait riles S. Africa's ANC". Reuters. Archived from the original on 23 May 2012. Retrieved 19 May 2012.
  3. ^ a b "Goodman Gallery - Hail to the Thief II". Goodman Gallery. Archived from the original on 24 May 2012. Retrieved 19 May 2012.
  4. ^ "The painting of President Zuma". inside-politics.org. 17 May 2012. Archived from the original on 23 May 2012. Retrieved 7 June 2012.
  5. ^ Sameer Naik and Kashiefa Ajam (22 May 2012). "It's staying up!". The Saturday Star. Archived from the original on 23 May 2012. Retrieved 22 May 2012.
  6. ^ "Jacob Zuma - "Polygamy is part of my culture"". Radio Netherlands Worldwide. Retrieved 19 May 2012.
  7. ^ "SA's Zuma 'showered to avoid HIV'". BBC News. Archived from the original on 17 May 2012. Retrieved 19 May 2012.
  8. ^ Nicolaides, Gia. "Zapiro revives showerhead". iafrica.com. Archived from the original on 23 January 2016. Retrieved 19 May 2012.
  9. ^ a b "Jacob Zuma painting: ANC to sue South Africa's Brett Murray". BBC News. 18 May 2012. Archived from the original on 17 April 2019. Retrieved 22 May 2012.
  10. ^ "Published in Sunday Times on 20 May 2012". Zapiro. 20 May 2012. Archived from the original on 24 May 2012. Retrieved 24 May 2012.
  11. ^ "120522tt - President Zuma outraged at Brett Murray's Painting - Spear of the Nation". Zapiro. 22 May 2012. Archived from the original on 25 May 2012. Retrieved 24 May 2012.
  12. ^ a b c Dubin, Steven (5 June 2012). "Liza Essers, Gallery Owner, on the Show that Scandalized South Africa". Art in America. Archived from the original on 5 November 2012. Retrieved 7 June 2012.
  13. ^ a b Mosomane, Phuti. "Zuma painting against Ubuntu, African morality, culture". The New Age. Archived from the original on 26 May 2015. Retrieved 19 May 2012.
  14. ^ "ANC to go to court over Zuma painting". News24.com. Archived from the original on 19 May 2012. Retrieved 19 May 2012.
  15. ^ "Painting makes me a womaniser - Zuma". Independent Online. South Africa. 20 May 2012. Archived from the original on 22 May 2012. Retrieved 20 May 2012.
  16. ^ "Painting violates president's integrity, says ANCWL". Times Live. 19 May 2012. Archived from the original on 19 May 2012. Retrieved 19 May 2012.
  17. ^ Stephen, Grootes (19 May 2012). "Zuma portrait saga goes to court". Eyewitness News. Archived from the original on 2 June 2013. Retrieved 19 May 2012.
  18. ^ a b Pasley-Banks, Carrin (22 May 2012). "Zuma painting defaced at Goodman Gallery". News24. Archived from the original on 25 May 2012. Retrieved 22 May 2012. The controversial painting depicting President Jacob Zuma with his genitals exposed was defaced by two men at the Goodman Gallery in Johannesburg on Tuesday.
  19. ^ "Zuma lawyers tears as court hears rude painting case". BBC News with video. 24 May 2012. Archived from the original on 29 May 2012. Retrieved 7 June 2012.
  20. ^ "ANC advocate sobs in court". News24. 24 May 2012. Archived from the original on 26 May 2012. Retrieved 7 June 2012.
  21. ^ "'South Africa court hears Jacob Zuma obscene painting case". BBC News. 24 May 2012. Archived from the original on 13 June 2012. Retrieved 7 June 2012.
  22. ^ Conway-Smith, Erin (24 May 2012). "Jacob Zuma The Spear painting case postponed indefinitely". GlobalPost. Archived from the original on 6 June 2012. Retrieved 7 June 2012.
  23. ^ "Just Hanging Out". 6000 Miles from Civilization. 18 May 2012. Archived from the original on 20 October 2012. Retrieved 19 May 2012.
  24. ^ Mahere, Fadzayi (23 May 2012). "Why Zuma's Spear should stay up". New Zimbabwe. Archived from the original on 25 May 2012. Retrieved 7 June 2012.
  25. ^ "Video: Zuma's Spear painting sabotage". The South African .com. 22 May 2012. Archived from the original on 13 October 2021. Retrieved 7 June 2012.
  26. ^ de Waal, Mandy (28 May 2012). "City Press buckles to ANC demands - and threats". Daily Maverick. Archived from the original on 31 May 2012. Retrieved 7 June 2012.
  27. ^ "Boycott 'immoral' City Press, ANC urges". News24.co.za. 25 May 2012. Archived from the original on 27 May 2012. Retrieved 25 May 2012.
  28. ^ Smith, David (25 May 2012). "Zuma genitals row escalates as ANC calls for boycott of newspaper". The Guardian. Archived from the original on 8 March 2016. Retrieved 7 June 2012.
  29. ^ "Sanef alarmed at call by the ANC to boycott City Press Newspaper (Press release)". South African National Editors' Forum website. 24 May 2012. Archived from the original on 30 May 2012. Retrieved 7 June 2012.
  30. ^ Greenslade, Roy (28 May 2012). "South African newspaper defies ANC boycott call". The Guardian. Archived from the original on 10 March 2016. Retrieved 16 December 2016.
  31. ^ Greenslade, Roy (28 May 2012). "South African newspaper defies ANC boycott call". Greenslade Blog - The Guardian. Archived from the original on 21 March 2014. Retrieved 7 June 2012.
  32. ^ Adam Martin (23 May 2012). "Painting of South African President's Penis Defaced". The Atlantic. Archived from the original on 25 May 2012. Retrieved 24 May 2012.
  33. ^ "Zuma 'penis painting' defaced". iafrica.com. 22 May 2012. Archived from the original on 25 May 2012. Retrieved 22 May 2012.
  34. ^ Film and Publication Board (South Africa) (22 May 2012). "FPB Classification of 'The Spear' Artwork as Displayed at the Goodman Gallery (PDF document)". FPB.gov.za. Centurion, Gauteng, South Africa: Film and Publication Board. Retrieved 1 June 2012.[permanent dead link‍]
  35. ^ Film and Publication Board (South Africa). "Film and Publication Board Profile". FPB.org.za. Centurion, Gauteng, South Africa: Film and Publication Board. Archived from the original on 1 September 2012. Retrieved 12 October 2012.
  36. ^ a b c d e f g Film and Publication Board (South Africa) (1 June 2012). "FPB Classification of 'The Spear' Artwork (PDF document)". FPB.gov.za. Centurion, Gauteng, South Africa: Film and Publication Board. Archived from the original on 15 June 2012. Retrieved 1 June 2012.
  37. ^ a b Film and Publication Board (South Africa). "Classification of Films, Games and Publications". FPB.org.za. Centurion, Gauteng, South Africa: Film and Publication Board. Archived from the original on 18 November 2012. Retrieved 12 October 2012.
  38. ^ a b c South African Press Association (29 May 2012). "'We don't rule over City Press', says FPB". Sunday Times. Johannesburg, South Africa: Times Live. Archived from the original on 31 May 2012. Retrieved 1 June 2012.
  39. ^ a b c d South African Press Association (1 June 2012). "Board explains Spear 16N rating". Independent Online. Cape Town, South Africa. Archived from the original on 5 June 2012. Retrieved 1 June 2012.
  40. ^ Film and Publication Board (South Africa). "Home". FPB.org.za. Centurion, Gauteng, South Africa: Film and Publication Board. Archived from the original on 23 August 2012. Retrieved 12 October 2012.
  41. ^ South African Press Association (29 May 2012). "Board has no right to classify "The Spear": lawyer". Sunday Times. Johannesburg, South Africa: Times Live. Archived from the original on 31 May 2012. Retrieved 3 June 2012.
  42. ^ de Wet, Phillip (30 May 2012). "'The Spear': It's classified, and now up to the ombud". Mail & Guardian. Johannesburg, South Africa. Archived from the original on 1 June 2012. Retrieved 1 June 2012.
  43. ^ Government of the Republic of South Africa (15 March 2010). "Regulations - Film and Publication Act 3 of 2009". Government Gazette, Republic of South Africa. 537 (33026). Pretoria, South Africa: Government Printer. Archived from the original on 3 February 2016. Retrieved 12 October 2012.
  44. ^ South African Press Association (1 June 2012). "'The Spear' gets 16N rating". Mail & Guardian. Johannesburg, South Africa. Archived from the original on 2 June 2012. Retrieved 1 June 2012.
  45. ^ South African Press Association (1 June 2012). "Censors rate Spear 16N for nudity". Sunday Times. Johannesburg, South Africa: Times Live. Archived from the original on 2 June 2012. Retrieved 1 June 2012.
  46. ^ City Press Staff Reporter (10 October 2012). "Appeal tribunal declassifies The Spear". City Press. Johannesburg, South Africa. Archived from the original on 10 October 2012. Retrieved 11 October 2012.
  47. ^ South African Press Association & Witness Reporter (11 October 2012). "The Spear: Classification of painting overturned on appeal". Witness.co.za. Pietermaritzburg, South Africa. Archived from the original on 11 November 2013. Retrieved 11 October 2012.
  48. ^ South African Press Association (10 October 2012). "'The Spear' declassified". Sunday Times. Johannesburg, South Africa: Times Live. Archived from the original on 11 October 2012. Retrieved 11 October 2012.
  49. ^ a b Govender, Karthy (7 October 2012). "Award In re: Appeal against the classification of the painting known as The Spear and the electronic versions of it (Microsoft Word 2007 .docx document)". FPB.org.za. Durban, South Africa: Film and Publication Board. Archived from the original on 24 September 2015. Retrieved 11 October 2012.
  50. ^ Film and Publication Board (South Africa) (10 October 2012). "Press Statement on the award in respect of the appeal for the FPB Classification of 'The Spear' painting as displayed at the Goodman Gallery". FPB.org.za. Centurion, Gauteng, South Africa: Film and Publication Board. Archived from the original on 20 November 2012. Retrieved 11 October 2012.
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