New hate speech bill opened for public comment

C4Cat said:
Jon Qwelane was ordered to pay R100 000
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http://mg.co.za/article/2016-08-29-...nes-hate-speech-case-is-a-travesty-of-justice

Legal rep: Postponement of Jon Qwelane's hate speech case is a 'travesty of justice'

In April 2011, the Equality Court found Qwelane guilty of hate speech and ordered him to pay R100 000 to the South African Human Rights Commission (SAHRC) and write an unconditional apology to the LGBTI community. The judgement was however, withdrawn on September 1 2011, on procedural grounds as a result of Qwelane not being able to attend the hearings. He had at the time, and controversially, been serving as South Africa’s ambassador to Uganda – a country known for its oppressive anti-homosexuality laws.

In September 2014, Qwelane instituted an application in the High Court in which he sought to have Sections 10 (1) and 11 of Pepuda (or the Equality Act, as it is more commonly referred to), declared inconsistent with the Constitution in that it infringes on his right to freedom of expression.

Section 10 (1) of the Equality Act reads that “no person may publish, propagate, advocate or communicate words based on one or more of the prohibited grounds, against any person, that could reasonably be construed to demonstrate a clear intention to be hurtful; be harmful or to incite harm; promote or propagate hatred”.

Section 11 of the act states that “no person may subject any person to harassment”.

...

Commenting on the postponement, Webber Wentzel’s Kerry Williams, PsySSA’s legal representative, said: “Our client is deeply disappointed by the granting of the postponement – in particular because the judge did not give our client the opportunity to give evidence before the court to oppose the postponement. The fact that, after eight years, Qwelane has not been held accountable for his hate speech in a court of law is a travesty of justice.”

No date has, as yet, been set for the matter to be brought back to the court.
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Huh, you sure?
 
Drunkard #1 said:
First Google result proves that you libtards have an endless supply of bull**** queued up to distract people who couldn't be bothered to check your facts.

That guy hasn't paid one cent. SEVEN YEARS later, the courts are still granting postponements and appeals.
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I never said he had paid. I said he was ordered by the courts to pay
 
Drunkard #1 said:
Of course you never said he'd paid, but you never said he didn't. Maybe you just "forgot"?
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The point was that he was found guilty of hate speech and he is black so the original question by Flanders - who was asking for an example of a black person who has been found guilty of hate speech, has been answered
 
C4Cat said:
And this is exactly why we need this new bill on hate speech
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Lol, even with the bill signed into legislation Jon Qwelane would had this privilege to be seated on the merry-go-round until an everlasting postponement. To quote, again,

Commenting on the postponement, Webber Wentzel’s Kerry Williams, PsySSA’s legal representative, said: “Our client is deeply disappointed by the granting of the postponement – in particular because the judge did not give our client the opportunity to give evidence before the court to oppose the postponement. The fact that, after eight years, Qwelane has not been held accountable for his hate speech in a court of law is a travesty of justice.”
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so... the bill, what would change?
 
C4Cat said:
The point was that he was found guilty of hate speech and he is black so the original question by Flanders - who was asking for an example of a black person who has been found guilty of hate speech, has been answered
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Ok, but then that leads to a new question, why do we need a NEW law if Hate Speech is already covered by other laws?
 
ToxicBunny said:
Why will this bill fix that issue?

Do you mind spelling that out.
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There are currently no laws specifically about hate speech. Now there will be.
It makes any challenge in higher courts, about prohibiting such speech as being unconstitutional much more difficult.
 
Wondered what became of JQ. See he now has a 'serious medical condition'.

They all develop serious medical conditions when their BS catches up with them.
 
ToxicBunny said:
Ok, but then that leads to a new question, why do we need a NEW law if Hate Speech is already covered by other laws?
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The Equality Act is much broader and doesn't definitively define what constitutes hate speech.
This bill rectifies that

http://mg.co.za/article/2016-01-28-qwelane-case-may-have-final-word-on-hate-speech

The Equality Court can provide relief for hate speech complainants, while complainants could also seek financial compensation in a civil court. But hate speech is not a crime.
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C4Cat said:
There are currently no laws specifically about hate speech. Now there will be.
It makes any challenge in higher courts, about prohibiting such speech as being unconstitutional much more difficult.
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Complete and utter BS.
 
C4Cat said:
The point was that he was found guilty of hate speech and he is black so the original question by Flanders - who was asking for an example of a black person who has been found guilty of hate speech, has been answered
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Nice anecdote. But he hasn't paid ****, so, as everyone's been saying, a slap on the wrist, if that. Who's funding his lawyers, by the way?

And what about the dozens that have never seen court? Somehow the "colourblind" courts just happened to persecute Sparrow, while never managing to hear any black cases?
 
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Milano said:
My aunt was targeted by the Bureau of State Security throughout the 70's and 80's for her anti-apartheid activism. She is white. How does this 'black versus white' argument promoted by some on this forum build a non-racial society when the very basis of these thoughts are built on Apartheid racial ideology? The race-based 'us vs them' mentality only perpetuates the very tenets on which Apartheid was founded. Ngwe, you score an own-goal every time you use the 'we' vs 'them' racial ideology.
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I love it when people like you write this garbage of shifting the burden of reconciliation to black people when in fact black people have been stretching that hand since day one. It could be said that hand has not be reciprocated by some, in fact, it has been used to further threat us with contempt and disdain by some who see no issue with comparing our intelligence to that of apes. Lest we forget, the black man was chilling in Africa until someone came and oppressed him. His land and wealth was gerrymandered for the betterment of others to his peril. Now, who is sowing the seeds of "us vs them"? Who practiced the evil system of segregation that has resulted in SA being the most unequal society.

BTW, kudos to your aunt.
 
ngwe23 said:
I love it when people like you write this garbage of shifting the burden of reconciliation to black people when in fact black people have been stretching that hand since day one. It could be said that hand has not be reciprocated by some, in fact, it has been used to further threat us with contempt and disdain by some who see no issue with comparing our intelligence to that of apes. Lest we forget, the black man was chilling in Africa until someone came and oppressed him. His land and wealth was gerrymandered for the betterment of others to his peril. Now, who is sowing the seeds of "us vs them"? Who practiced the evil system of segregation that has resulted in SA being the most unequal society.

BTW, kudos to your aunt.
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Huh?

What crock of nonsense are you trying to peddle again?
 
C4Cat said:
There are currently no laws specifically about hate speech. Now there will be.
It makes any challenge in higher courts, about prohibiting such speech as being unconstitutional much more difficult.
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Bill of rights. Section 16 (2)(c). That's the anti-freedom of speech law.

Doesn't exist, eh?
 
C4Cat said:
The point was that he was found guilty of hate speech and he is black so the original question by Flanders - who was asking for an example of a black person who has been found guilty of hate speech, has been answered
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I heartily disagree, it was withdrawn due to Qwelane being unable to attend the hearings. Qwelane had a duty and responsibility to attend the hearing, but was dismissed thanks to a controversial appointment to serve as ambassador to Uganda. This is not a loophole, this is contravention.
 
C4Cat said:
Really, please point out the current law that criminalizes hate speech
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You seem pretty good at trawling up propaganda, I sure you're capable of Googling what law Sparrow was persecuted under.
 
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