What the courts said after a South African employee was fired for posting racist comments on Facebook

[Swa]

Yes indeed he should be allowed to say anything, and ofcourse also be punished for calling for a race genocide.

As NarrowBandFtw posted above, this is a straight forward case: Inciting the murder of a group of people in the country based due to racial hatred is a slam dunk situation of an illegal action.

If, however, he posted "Frack White people" - then there's no threat of violence or killing, and it should therefore not be punished in a courtroom as it doesn't necessarily break any laws that I'm aware of.

That said, an employer can absolutely warn/fire him for such a statement as he's made his racism known in public which undermines his relationship with colleagues and places his company in disrepute.

Bingo. I'm firmly in this camp. People should be allowed to be racist but if they aren't then that should be applied to everyone, white and black, so everyone realise how stupid it is.

 

[PaulMurkin]

For a long time now, at the many places I've worked at, the contract said you could be hauled into a disciplinary or fired if you committed a crime outside of work.

I've seen people get fired for a drunken driving conviction. I have also, however seen an employer help the employee when it was very clear that the charges were trumped up.

This dude was an arrant fool... using real name online... what did he think was gonna happen?

 

[R13...]

...wonder what all the bleeding hearts who champion freedom of speech are going to say about this hate speech and the outcome thereof.

Is it bleeding hearts (liberals) who advocate free or conservatives who also defend the right to make inflammatory remarks because free speech? I thought liberals were all for limiting free speech, no?

 

[karnuffel]

But did he get a R150 000 fine?

 

[My_King]

But did he get a R150 000 fine?

Exactly. Seems calling someone something vs killing of people, killing should then be 300K

 

[Lupus]

But did he get a R150 000 fine?

Of course not

 

[Fulcrum29]

But did he get a R150 000 fine?

Different merits, if said person is taken to the Equality Court or for review by the SAHRC for said public remarks then we can have this discussion.

 

[marine1]

He should be in jail just like that idiot momberg.
Nevermind his job

 

[Gazg]

Don't worry.........he still has 14 appeals left to go.

 

[grok]

This company k@k is why I prefer to be an independent contractor.

If any company should ask for my social media I'll tell them that if I'm to represent them after hours as well, they'll have to pay my rates for those hours too.

 

[BLIXEMPIE]

Put this oke in jail or free and vindicate Vicky Momberg and Penny Sparrow. Can't have this k*k both ways.

 

[porchrat]

There are two reasons that I'm OK with this:

1) This is a private company choosing to distance itself from the statements of an individual. They can do what they want as a private company. I've only got an issue when it's the state preventing someone from expressing their opinion.

2) it's not an opinion. It's a call to action. He's saying we should commit acts of violence against people of a particular race group. That's not something that should be protected. Had he expressed an opinion that white people are inferior and he hates them, even though I find it distasteful, I don't think he should be prevented from expressing that opinion. Even in the US, the place with arguably the most lenient freedom of speech laws on the planet, this call to action wouldn't be protected speech.

 

[Willie Trombone]

 

[rvZA]

“Whites mz be all killed”

He should be charged on criminal charges related to provoking violence. He should face long term imprisonment in a criminal court.

Any word on this or has the real racism, against white minorities in South Africa, prevented criminal charges from being filed?

 

[The Trutherizer]

Right-wing ("but... but... what will I moan about now")
Left-wing ("we can be racist?")
Moderates

 

[wingnut771]

But did he get a R150 000 fine?

or jail time?

 

[cavedog]

I'm happy with the outcome but is it the mandate of the CCMA to decide this? Difficult one.

 

[wingnut771]

Different merits, if said person is taken to the Equality Court or for review by the SAHRC for said public remarks then we can have this discussion.

Why didn't this happen?

 

[Fulcrum29]

Why didn't this happen?

Nobody took him to court for that.

 

[Vorastra]

...wonder what all the bleeding hearts who champion freedom of speech are going to say about this hate speech and the outcome thereof.

He should've been more clever and not posted it under his real name.