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Afrikanerbond and Others v Julius Sello Malema

hate speech - SAHRC - Afrikanerbond - Julius Malema

SERI's Director of Litigation, Stuart Wilson, has been appointed as an advisor to the South African Human Rights Commission's (SAHRC) panel currently considering a range of complaints of hate speech against Julius Malema made by the Afrikanerbond. His brief was to advise the SAHRC on the proper approach to complaints of hate speech, and in doing so to advise them on the meaning and application of sections 16(2)(c) of the Constitution and Section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000. His submissions emphasise the need to consider harmful or offensive political speech in context, and to construe hate speech law narrowly in a manner which impinges as little as possible on freedom of expression.  

The first complaint was heard on 28 November 2011. 

  • Written submission (November 2011) here.