hate speech Archives

Nature of hate speech: Purpose sec 10 of PEPUDA

by GilesFiles | Aug 5, 2025 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Delict, Disallowed, Evidence & onus, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), SDJ Wilson, Sectors, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Discriminatory hate speech: Hurtful harassment

by GilesFiles | Mar 1, 2024 | Applications, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Dignity equality freedom, Discrimination (LRL 11), Equality Court, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Metro, Miscellaneous, Municipal managers, Orders, Parties, Sectors, State organs, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Expression rights considered: Prohibited hate speech

by GilesFiles | Feb 16, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, ConCourt judges, Constitutional Court, Costs, Courts, Dignity equality freedom, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Recusal, Review tests, Rules Codes & Manual, Sectors, SV Khampepe, Topics, Trade unions | 0 |

SA Human Rights Commission obo SA Jewish Board of Deputies v Masuku Expression rights considered by constitutional court concerning statements made by an official of Cosatu at a rally and elsewhere and decision also dealt with...

Hate speech constitutionality: Final decision delivered

by GilesFiles | Jul 30, 2021 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Exceptions/special pleas, Judges, Legal Practice, Orders, Topics | 0 |

Qwelane v SA Human Rights Commission Constitutional Court in considering the constitutionality of hate speech unanimously decided to set aside the order of the SCA and inter alia declared that section 10(1) of the Equality Act...

Incompetent nullity declaration: Hate speech claim

by GilesFiles | Mar 24, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Courts, Judges, Jurisdiction & powers, Just and equitable relief, Legal Practice, Orders, Parties, SCA judges, Supreme Court of Appeal, Topics, Trade unions, Unlawful and void | 0 |

Solidarity v Black First Land First (BLF) SCA made an incompetent nullity declaration anfter deciding that the high court should have taken time to consider Qwelane and rendered its judgment so as to decide the case and could...

Hate speech appeal: Arguments on appeal

by GilesFiles | Sep 22, 2020 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Exceptions/special pleas, Judges, Legal Practice, Orders, Topics | 0 |

Qwelane v SA Human Rights Commission Hate speech appeal was argued in the Constitutional Court concerning the judgment of the Supreme Court of Appeal dated 29 November 2019 and we now know that judgment will handed down on 30...

Hate speech examined: PEPUDA and constitutionality

by GilesFiles | Nov 29, 2019 | 2019, 2019, Appeals, Bill of Rights, Courts, Dignity equality freedom, Judges, Landmark judgments, Legal Practice, Parties, philosophy / economics, SCA judges, Sectors, State organs, Supreme Court of Appeal, Topics | 0 |

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Balancing constitutional rights: Dignity and expression

by GilesFiles | Nov 11, 2019 | 2019, Applications, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Courts, Dignity equality freedom, Evidence & onus, HC Uniform, High Court, High Court judges, Judges, Legal Practice, Rules Codes & Manual, Topics | 0 |

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Uttering hate speech: Forfeiting constitutional protection?

by GilesFiles | Oct 31, 2019 | Applications, Bill of Rights, Causes and defences, Costs, Courts, Dignity equality freedom, Equality Court, Judges, Legal Practice, Legislation, Orders, Roland Sutherland, Topics | 0 |

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Hate speech utterances: Equality court takes action

by GilesFiles | Oct 5, 2018 | Bill of Rights, Causes and defences, Courts, Dignity equality freedom, Equality Court, Exceptions/special pleas, High Court judges, Interpretation etc, Judges, Legal Practice, Res judicata (issue estoppel), Roland Sutherland, Topics | 0 |

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Facebook racial slur: Valid and fair reason to dismiss

by GilesFiles | Mar 16, 2018 | 2018, Anton Steenkamp, Central, Evidence & onus, Judges, Labour Court, Labour Relations, Legal Practice, Review tests, Sectors, Termination (LRL 8) | 0 |

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Fairness factors evaluated: Remorse with long service

by GilesFiles | Feb 12, 2018 | Causes and defences, CCMA awards, Contractual breach, Courts, Evidence & onus, Labour Relations, Parties, Personal Information, Review tests, Sectors, Sidumo - see also awards s 145, Termination (LRL 8), Topics, Trust & confidence, Universities and schools | 0 |

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Tag: hate speech