Smith v Mgoqi and Another (60/2007) [2007] ZAEQC 2 (23 November 2007)

Smith v Mgoqi and Another (60/2007) [2007] ZAEQC 2 (23 November 2007)

The court found, on a balance of probabilities, that the offending words were directed at the complainant by Mrs Mgoqi. The complainant's evidence was considered credible and reliable, and was corroborated to some extent by the witness Mr Birch, who observed an argument. The court reasoned that the complainant's actions in seeking police and councillor intervention supported her version. The evidence did not support a finding against Mr Mgoqi, as the complainant could not confirm his participation. The court applied section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act, holding that the words used constituted hate speech as defined by the Act, and that the...

Citation
[2007] ZAEQC 2
Parties
Applicant: A. J. Smith; Respondent: T Mgoqi; Respondent: N Mgoqi
Court
Equality Court
Jurisdiction
South Africa
Judgment Date
23 November 2007
Case Number
60/2007
Procedural Posture
Civil Application / Final Judgment
Outcome
The complaint against Mrs Mgoqi succeeds; the complaint against Mr Mgoqi is dismissed.
Judges
CP Peer
Legal Topics
Hate Speech, Promotion of Equality and Prevention of Unfair Discrimination Act, Neighbour Dispute
Constitutional Law Civil Procedure Hate Speech Promotion of Equality and Prevention of Unfair Discrimination Act Neighbour Dispute

Case Brief

Summary, issues, holding and outcome

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Parties

A. J. Smith

Applicant

T Mgoqi

Respondent

N Mgoqi

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether the respondents directed hate speech at the complainant in contravention of section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act.
  2. 2 Whether the complainant was harassed by the respondents.
  3. 3 Whether the evidence supports a finding against both respondents or only one.

Ratio Decidendi

The court found, on a balance of probabilities, that the offending words were directed at the complainant by Mrs Mgoqi. The complainant's evidence was considered credible and reliable, and was corroborated to some extent by the witness Mr Birch, who observed an argument. The court reasoned that the complainant's actions in seeking police and councillor intervention supported her version. The evidence did not support a finding against Mr Mgoqi, as the complainant could not confirm his participation. The court applied section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act, holding that the words used constituted hate speech as defined by the Act, and that the...

Court Disposition

The complaint against Mrs Mgoqi succeeds; the complaint against Mr Mgoqi is dismissed.

Orders

  • Mrs Mgoqi is ordered to make a written, unconditional apology to the complainant for the hurtful and harmful words used, to the satisfaction of the court, within seven days.
  • The apology must be shown to and signed before the Clerk of the Equality Court, who must be satisfied with its content.