“Homeless” Penny Sparrow can’t afford R150,000 racism fine

TheChamp

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Drive vehicle in unsafe manner, could result in death or injury = R300 fine.
Exercise free speech, hurt somebody's feelings, no possible death or injury = R150,000 fine.

You tell us.

Free speech......?, please........

image.jpg
 

konfab

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While definately harsh (they're setting precedent), I do think that it is a little over the top.

I also want this ruling (i.e R150k fine) to be applied all the possible ways to all racists, not just "white people and their money"

Do you think the judgement of a magistrates court sets legal precedent?
 

FoXtroT

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Free speech......?, please........

I don't understand how people don't see the problem with a nobody being fined 150k for something they wrote on Facebook.

Especially in the manner the cases are carried out i.e. very subjective with the burden of proof on the defendant.
 

agentrfr

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Do you think the judgement of a magistrates court sets legal precedent?

For a summary offence in a regional court, I think so yes. Might not be a "legal precedent" per se coming from a lower court, but for cases/issues similar I dont see why not.
 

Mike Hoxbig

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What likely happened is the judge recommended the case to be taken to a higher court where a more reasonable fine can then be imposed. Which is probably going to happen. So she is probably going to appeal. The media are keeping very vague about the specifics of the court details.
Yet she couldn't be bothered to appear in court. Now when it's a hefty amount, we must all feel sorry for her that it was too harsh. And suddenly all the excuses are coming out - fear for her life, health issues etc.
Community service would have been a far better and just sentence.
Perhaps, if she had the sense to apologise and show any remorse, like that Theunissen guy who got away with community service. But if she couldn't be bothered to appear in court to account for her actions, she must pay...
 

Kosmik

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Perhaps, if she had the sense to apologise and show any remorse, like that Theunissen guy who got away with community service. But if she couldn't be bothered to appear in court to account for her actions, she must pay...

With what? Monopoly money? How many folks do you know can cough up R150k?
 

freddster

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Yet she couldn't be bothered to appear in court. Now when it's a hefty amount, we must all feel sorry for her that it was too harsh. And suddenly all the excuses are coming out - fear for her life, health issues etc.

Perhaps, if she had the sense to apologise and show any remorse, like that Theunissen guy who got away with community service. But if she couldn't be bothered to appear in court to account for her actions, she must pay...

You have to realise that she had it big coming at her. Death threats(not proven)...all over the media who are always out to look for sensation so she must be in a bad state. all this attention just because you "offended someone". f**k please. the R150k fine, I'll bet money on it there are cadres and buddies involved.
 

Milano

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While definately harsh (they're setting precedent), I do think that it is a little over the top.

I also want this ruling (i.e R150k fine) to be applied all the possible ways to all racists, not just "white people and their money"

Agreed. As long as this is applied fairly I have no problem with it. It would lead to a better society. Unfortunately I doubt this will be applied fairly.
 

TheChamp

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Yet she couldn't be bothered to appear in court. Now when it's a hefty amount, we must all feel sorry for her that it was too harsh. And suddenly all the excuses are coming out - fear for her life, health issues etc.

Perhaps, if she had the sense to apologise and show any remorse, like that Theunissen guy who got away with community service. But if she couldn't be bothered to appear in court to account for her actions, she must pay...

Maybe knowing that Theunissen is alive and well might change her stance.
 

konfab

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For a summary offence in a regional court, I think so yes. Might not be a "legal precedent" per se coming from a lower court, but for cases/issues similar I don't see why not.

The fine amount wasn't primarily decided by the court. It was decided by the claimant (the ANC). The court only has powers to change it by a certain percentage, (as far as I know), or to tell the ANC this isn't hate speech.

This case wouldn't set any type of legal precedent.
 

Surv0

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let this be a warning to others, your actions...have consequences!

You mean a warning to everyone but the ruling party? All this shinanigans, although not right, is being perpetuated in order to hide similar, and worse things being done by the ANC and its members.
 

konfab

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Yet she couldn't be bothered to appear in court. Now when it's a hefty amount, we must all feel sorry for her that it was too harsh. And suddenly all the excuses are coming out - fear for her life, health issues etc.

Perhaps, if she had the sense to apologise and show any remorse, like that Theunissen guy who got away with community service. But if she couldn't be bothered to appear in court to account for her actions, she must pay...

She apparently had legal representation in court. And she had filed all the affidavits required. The judge decided that her being there isn't going to change the outcome of the court anyway due to her side of the story.

Edit:

Theunissen was referred to the human rights commission, not the equality court.
 

Mike Hoxbig

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With what? Monopoly money? How many folks do you know can cough up R150k?

You have to realise that she had it big coming at her. Death threats(not proven)...all over the media who are always out to look for sensation so she must be in a bad state. all this attention just because you "offended someone". f**k please. the R150k fine, I'll bet money on it there are cadres and buddies involved.

To be honest I don't really care whether she has the money or not.

My issue with this is her disregard for the law for not appearing in court to account for her actions. Not even a fake apology and fake remorse, which undoubtedly would have had an effect on her sentence. The arrogance of this woman. And people here are still sympathising with her? Like wtf.

/inb4 Zuma and cANCer
 
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