Click here to read the full judgment on Saflii [1] This case brings into sharp focus the potency of a symbol of the cruel ideology of apartheid, infamous for its assault on the dignity, freedom and equality of black people. The main issue is whether the gratuitous display of that symbol – the former South African flag (the old flag) – is harmful, incites harm, and promotes and propagates hatred within the meaning of s 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (the Equality Act).
The hate speech bill is unconstitutional and unnecessary. Government should instead bring the hate speech provisions in the Promotion of Equality and Prevention of Unfair Discrimination Act into line with the Constitution.
A new bill that is expected to criminalise hate speech and crime was made known to the public by the National Assembly, however, not everyone is happy with the bill.