Strydom v Black First Land First (11/2018EQJHB) [2019] ZAEQC 1 (6 May 2019)

Strydom v Black First Land First (11/2018EQJHB) [2019] ZAEQC 1 (6 May 2019)

The court found that the phrase 'Land or Death', as propagated by the first respondent, constitutes hate speech under Section 10 of the Equality Act. The phrase was published, propagated, and communicated in a manner that could reasonably be construed to incite harm against White South Africans, based on the prohibited ground of race. The court distinguished between slogans directly attributable to the respondents and those not sufficiently linked, declining to make orders regarding 'One settler, one bullet'. The court ordered the removal of 'Land or Death' from official materials and social media, and required an unconditional apology to be published. The court also directed the matter...

Citation
[2019] ZAEQC 1
Parties
Applicant: Lucy Strydom; Respondent: Black First Land First; Respondent: Andile Mngxitama; Respondent: Zanele Lwana; Respondent: Lindsay Maasdorp; Respondent: Zwelakhe Dubasi; Respondent: Thandiswa Yaph
Court
Equality Court
Jurisdiction
South Africa
Judgment Date
6 May 2019
Case Number
11/2018EQJHB
Procedural Posture
Motion Application / Final Judgment
Outcome
The court declared the phrase 'Land or Death' as hate speech and granted orders for its removal and an apology. No order was made regarding other slogans or donation. The matter was referred to the Director of Public Prosecutions for possible criminal proceedings. Each party to pay its own costs.
Judges
BC Molwana
Legal Topics
Hate Speech, Freedom of Expression, Promotion of Equality and Prevention of Unfair Discrimination Act, Racial Discrimination
Constitutional Law Civil Procedure Hate Speech Freedom of Expression Promotion of Equality and Prevention of Unfair Discrimination Act Racial Discrimination

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Parties

Lucy Strydom

Applicant

Black First Land First

Respondent

Andile Mngxitama

Respondent

Zanele Lwana

Respondent

Lindsay Maasdorp

Respondent

Zwelakhe Dubasi

Respondent

Thandiswa Yaph

Respondent

Procedural Posture

Motion Application / Final Judgment

Legal Issues

  1. 1 Whether the slogans and statements made by the respondents constitute hate speech under the Equality Act.
  2. 2 Whether the phrase 'Land or Death' incites harm or hatred based on race.
  3. 3 Whether the respondents are liable for the dissemination of these slogans and statements.

Ratio Decidendi

The court found that the phrase 'Land or Death', as propagated by the first respondent, constitutes hate speech under Section 10 of the Equality Act. The phrase was published, propagated, and communicated in a manner that could reasonably be construed to incite harm against White South Africans, based on the prohibited ground of race. The court distinguished between slogans directly attributable to the respondents and those not sufficiently linked, declining to make orders regarding 'One settler, one bullet'. The court ordered the removal of 'Land or Death' from official materials and social media, and required an unconditional apology to be published. The court also directed the matter...

Court Disposition

The court declared the phrase 'Land or Death' as hate speech and granted orders for its removal and an apology. No order was made regarding other slogans or donation. The matter was referred to the Director of Public Prosecutions for possible criminal proceedings. Each party to pay its own costs.

Orders

  • No order is made regarding the slogan 'One settler, one bullet'.
  • The first respondent's written statement 'Land or Death' constitutes hate speech and must be removed from official T-shirts, website, documents, and the Soweto Declaration within one month from 6 May 2019.