BLF ‘celebrates’ Hoërskool Driehoek tragedy as ‘punishment’ from ‘ancestors’ and ‘God’

supersunbird

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You can't and legally never should support criminalizing thoughts and words that hurt your feelings, tomorrow when andile, lindsay, julius, zuma, schaik etc dies you telling me nobodies gonna be happy they're gone? If he hates white people so be it. If he calls for the killing of white people it's a vast difference and should be acted on. In this instance as vile as they are there should be no prosecution and society should shun them, there are other instances where they should be prosecuted where they were calling for the killing of a certain demographic but in many of those instances we have seen the bias wrt prosecution which many here will vehemently deny.

Calling a jew a k!ke is vastly different to calling for the extermination of jews for example.

Then free Momberg and unfine Sparrow... so while they are bring prosecuted, we expect equality and blacks to be held to the same standard.
 

TheChamp

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ForceFate

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Moreover, all who join the party must further acknowledge that "SA was stolen from black people by white people".

The declaration says all who join BLF must also concede that "the 1994 constitution (of the country) is anti-black and must be replaced by a pro-black constitution of redress".

Technically, this will be in contravention of Bill of Rights. No?

He's a moron.
 

R13...

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Technically, this will be in contravention of Bill of Rights. No?

He's a moron.
Won't matter as the basis for the bill of rights would be replaced by whatever racist new constitution they vomit.
 

ponder

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Was he just supposed to ignore the implications of Qwelane's judgement on the one he was about to hand down?

The ruling is correct and I have no issue with it. This however now opens a can of worms, all previous convictions for hate speech will have to be revisited as the convictions were based on unconstitutional law. Where applicable judgements should be reversed, full pardons issued etc and they state be sued by those wrongly convicted.
 

Mista_Mobsta

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The ruling is correct and I have no issue with it. This however now opens a can of worms, all previous convictions for hate speech will have to be revisited as the convictions were based on unconstitutional law. Where applicable judgements should be reversed, full pardons issued etc and they state be sued by those wrongly convicted.
I read somewhere that the ruling can't be applied retrospectively
 

ponder

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I read somewhere that the ruling can't be applied retrospectively

Thing is if it's unconstitutional then it was always unconstitutional. Secondly, this verdict was already penned before being nullified.

Solidarity reasoned that the judge must disregard that judgment because it doesn’t apply retrospectively.
“BLF argued that the court was compelled by the decision of the SCA and therefore couldn’t rely on section 10 of the Equality Act.”

So it was applied retrospectively.
 

Mista_Mobsta

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Thing is if it's unconstitutional then it was always unconstitutional. Secondly, this verdict was already penned before being nullified.




So it was applied retrospectively.
Can of worms for the state indeed. Thanks for clarifying!
 

Ancalagon

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Thing is if it's unconstitutional then it was always unconstitutional. Secondly, this verdict was already penned before being nullified.




So it was applied retrospectively.

So in other words, by defending themselves, the BLF might have caused the convictions of well known racists like Penny Sparrow to be thrown out?

I'd love to see Penny Sparrow thanking the EFF for that! It would make their blood boil.

EDIT: Read the article.

If only parts of the wording are unconstitutional, does this mean ALL hate speech convictions must be vacated?

Could the case against BLF be heard in court again, minus the "hurt" part?
 

Sl8er

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So in other words, by defending themselves, the BLF might have caused the convictions of well known racists like Penny Sparrow to be thrown out?

I'd love to see Penny Sparrow thanking the EFF for that! It would make their blood boil.

I think I read somewhere that she died, not so long ago.
 

ponder

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If only parts of the wording are unconstitutional, does this mean ALL hate speech convictions must be vacated?

No, the act is very vague and encompasses things that are protected by freedom of speech.
 

schumi

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EX-BLF secretary-general apologises for hurtful comments after Hoërskool Driehoek tragedy

The equality court found the comments made by Maasdorp and Dubasi amounted to hate speech and ordered, as part of the remedy, that both apologise and that their apologies be communicated to the public by the SA Human Rights Commission (SAHRC).

On Wednesday, the SAHRC shared Dubasi's apology letter dated April 28.

In it, he said he took full responsibility for the comments he made.

“The overall goal of my apology is to restore peace and promote social harmony in the broader society,” Dubasi said.

More at: https://www.timeslive.co.za/news/so...ful-comments-after-horskool-driehoek-tragedy/
 
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