Isimangaliso Wetland Park and Another v Sodwana Bay Guest Lodge and Another (01/2017) [2018] ZAKZDHC 60 (30 November 2018)

Isimangaliso Wetland Park and Another v Sodwana Bay Guest Lodge and Another (01/2017) [2018] ZAKZDHC 60 (30 November 2018)

The High Court confirmed that the remarks made by the second respondent constituted unfair discrimination and hate speech under PEPUDA and the Constitution. The court found that the Equality Court proceedings were conducted in accordance with statutory and constitutional requirements, and the respondents were afforded a fair opportunity to present their case. The respondents' reliance on freedom of expression and religion was rejected, as these rights do not protect speech that incites hatred or discrimination. The orders made by the Equality Court, including damages and prohibitions on further dissemination of discriminatory material, were found to be appropriate and lawful given the...

Citation
[2018] ZAKZDHC 60
Parties
Applicant: Isimangaliso Wetland Park; Applicant: Department of Tourism; Respondent: Sodwana Bay Guest Lodge; Respondent: Enki Andre M Slade
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
30 November 2018
Case Number
01/2017
Procedural Posture
Review Application / High Court Review of Equality Court Decision
Outcome
Judgment and order of the Equality Court confirmed.
Judges
Steyn, Ploos van Amstel
Legal Topics
Hate Speech, Unfair Discrimination, Human Dignity, Equality Court Procedure, Damages for Discrimination, Freedom of Expression Limitation
Constitutional Law Civil Procedure Delict Hate Speech Unfair Discrimination Human Dignity Equality Court Procedure Damages for Discrimination +1 more

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Parties

Isimangaliso Wetland Park

Applicant

Department of Tourism

Applicant

Sodwana Bay Guest Lodge

Respondent

Enki Andre M Slade

Respondent

Procedural Posture

Review Application / High Court Review of Equality Court Decision

Legal Issues

  1. 1 Whether the remarks made by the second respondent constituted unfair discrimination and hate speech under PEPUDA and the Constitution.
  2. 2 Whether the Equality Court proceedings complied with statutory and constitutional requirements.
  3. 3 Whether the respondents' rights to freedom of expression and religion justified the conduct.

Ratio Decidendi

The High Court confirmed that the remarks made by the second respondent constituted unfair discrimination and hate speech under PEPUDA and the Constitution. The court found that the Equality Court proceedings were conducted in accordance with statutory and constitutional requirements, and the respondents were afforded a fair opportunity to present their case. The respondents' reliance on freedom of expression and religion was rejected, as these rights do not protect speech that incites hatred or discrimination. The orders made by the Equality Court, including damages and prohibitions on further dissemination of discriminatory material, were found to be appropriate and lawful given the...

Court Disposition

Judgment and order of the Equality Court confirmed.

Orders

  • Mr Slade is ordered to pay R50,000 as damages to Mpilonhle, a non-profit organisation, within 60 days.
  • Mr Slade is ordered to remove all discriminatory materials from his website.