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

[wingnut771]

Nobody took him to court for that.

Sometimes I wish white people would form an inferiority complex and get offended, then that would happen.

 

[wingnut771]

Nobody took him to court for that.

because:

 

[Fulcrum29]

because:
View attachment 1164890

The "Tracy Zille" matter is being attended to, and I am curious to what this particular matter will boil down to. Anthony Matumba is trying to avoid court and has been undermining the court processes. His penalty, or otherwise punishment, will be telling.

 

[wingnut771]

The "Tracy Zille" matter is being attended to, and I am curious to what this particular matter will boil down to. Anthony Matumba is trying to avoid court and has been undermining the court processes. His penalty, or otherwise punishment, will be telling.

EFF, I won't hold my breath.

 

[krycor]

Precedent set.. now let’s see dumb comments (like race being an indicator of intelligence) on mybb stop happening.. oh that’s right it won’t. Guess not till mybb get handed a court order to expose details.

 

[Fulcrum29]

EFF, I won't hold my breath.

It is not the EFF, Matumba is being held personally liable.

 

[wingnut771]

It is not the EFF, Matumba is being held personally liable.

won't the EFF stand behind him - threaten to burn the court down?

 

[Mekon]

But he didn't get jail time? Why is that?
That Sparrow women was chucked in jail for calling a group of people that messed up a beach monkeys
This individual says that all white people should be killed but merely loses his job.
Maybe the rules don;t apply because of his beloved cANCer?

 

[wingnut771]

But he didn't get jail time? Why is that?
That Sparrow women was chucked in jail for calling a group of people that messed up a beach monkeys
This individual says that all white people should be killed but merely loses his job.
Maybe the rules don;t apply because of his beloved cANCer?

Apparently its because white people didn't complain so it didn't go to court vs black people complained and it went to court.

 

[Fulcrum29]

won't the EFF stand behind him - threaten to burn the court down?

I doubt it, he paraded an alt account under a racial guise to instigate race mongering. I think the EFF will take it upon themselves to distance. Matumba is on his own.

However,

https://twitter.com/i/web/status/1445775371320840192

Today in Tracy Zille, the court grappled with the submission of the Respondent's medical certificate as evidence for his previous absence in court. In short, the court found that Mr Mathumba's medical certificate was a "farce" and not admissible evidence. (1)

...

The court made it clear that although an Equality Court (read:informal) the law of evidence applies as it remained an administrator of justice. It had a duty towards jurisprudence not to allow for abuse of process. (2)

...

Nevertheless!It refused to order costs against Respondent as it indicated that this would deter litigants from approaching Equality Courts. It indicated that the need to develop the law as well as, what it called a need for "equality justice" dictated the negation of such order.

...

The matter nevertheless postponed to January 2022, as, amongst others, the hacking of DOJ systems made the virtual participation of experts challenging.

and also go see how much the media reported on this case as to where it stands now. Almost nothing other than IOL. Now this is OT, and I don't want to discuss it here, but remember that this is a black man parading as a white woman who makes disparaging, racist and harassing comments towards black women, but see how the SAHRC stated it in their statement,

Media Alert: SAHRC v “TRACY ZILLE” commences in the Louis Trichardt’s Equality Court, Limpopo

Attention: Editors and Reporters 06 October 2021 In July 2020 the SAHRC received a complaint from a member of the public relating to the social media account known as “Tracy Zille”. It appeared from the account that a white woman was making disparaging, racist and harassing comments towards...

www.sahrc.org.za

As per the SAHRC’s argument, which will be presented in court, the SAHRC condemns any form of harassment against women, and in particular in this matter black women, as it contradicts the aims of the Equality Act, 2000. The SAHRC is further confident that the court will send a strong message against anonymous social media users who attempt to abuse these platforms to the detriment of social cohesion and nation building.

to place emphasis on, "in particular", but this is a black man, masquerading as a white woman, against black women. There is a greater issue at play here, and how many other instances are there online?

These are people planting the seeds of prejudice for the purpose of racially stigmatising race. The SAHRC refuse to see it that way, it is far above the test of harassment.

 

[Moosedrool]

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

Was he charged with crimen injuria?

 

[JohnStarr]

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?

Who knows...not to the extent that they'd defend allowing someone to make remarks like he did. And they're out there. So you can say what you want, but better be ready for the consequences.

 

[Swa]

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

View attachment 1164882

Racists are never clever.

 

[menticide]

Many of those criticising the proponents of free speech are confusing a number of matters.

Whilst we should protect the individual's right to freedom of expression; i.e. what you say should never be treated as a crime, except for a few exceptions e.g. speech that will lead to imminent harm (shouting fire in a crowded theatre when there is no fire), etc.

Being legally able to freely express yourself including insulting someone else should however not shield anyone from societal consequences, for example:

• If you say some dumb / racist **** then your friends, your colleagues and your employer should not be forced to just accept it. If they no longer want to be friends, or work with you, or have you in their employ; then that's their right; their freedom of expression.

 

[Lupus]

Sometimes I wish white people would form an inferiority complex and get offended, then that would happen.

Actually a lot of them time it was taken and the equality court just turned it away, think a few members on here tried taking action and were shot down.

 

[wingnut771]

Actually a lot of them time it was taken and the equality court just turned it away, think a few members on here tried taking action and were shot down.

Equality court should be shut down then. Oh the irony. 4 legs goood, 2 legs baaaad. I'm sure it will be crickets from the MyCadre bunch.

 

[noxibox]

Welcome to Africa. He will never be prosecuted because of who he is.

I thought this planet was called Earth.

 

[noxibox]

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.

Unless he was directly inciting action rather than merely ranting it would be protected speech. So he would have to be standing there saying let’s go kill white people right now. If he was standing in front of a crowd and telling them white people should be killed it would be protected speech.

 

[noxibox]

Whilst we should protect the individual's right to freedom of expression; i.e. what you say should never be treated as a crime, except for a few exceptions e.g. speech that will lead to imminent harm (shouting fire in a crowded theatre when there is no fire), etc.

Which many people think isn’t protected in the US, but in fact is and the courts have ruled that to be the case. And that is because any harm that results would actually be the fault of those hearing the false alarm and failing to act rationally in response.

If you say some dumb / racist **** then your friends, your colleagues and your employer should not be forced to just accept it. If they no longer want to be friends, or work with you, or have you in their employ; then that's their right; their freedom of expression.

It becomes dangerous to allow employers to discriminate against people based on their opinions.

 

[MikeaMatrix]

You can't make the freedom of speech argument when you exercised your freedom of choice and chose to work for a company that has a morality clause (or equivalent) in your work contract, this also includes your behavior online. You signed a contract of your own free will. Claiming ignorance of that fact is not a defense.