Masuku and Another v South African Human Rights Commission obo South African Jewish Board of Deputies (1062/2017)
Masuku and Another v South African Human Rights Commission obo South African Jewish Board of Deputies (1062/2017) [2018] ZASCA 180; 2019 (2) SA 194 (SCA); [2019] 1 All SA 608 (SCA) (4 December 2018)
The Supreme Court of Appeal held that the impugned statements, when interpreted in their full context, did not amount to hate speech as defined by section 16(2) of the Constitution. The court found that references to 'Zionists' and other terms in the statements were directed at supporters of the State of Israel and did not constitute advocacy of hatred based on religion or ethnicity. The court emphasized that offensive, hurtful, or politically inflammatory speech remains protected unless it crosses the constitutional threshold of advocacy of hatred and incitement to harm. The Equality Court e…
Source excerpt
- Freedom Of Expression
- Hate Speech
- Equality Act Section 10
- Constitutional Limitation
- Advocacy Of Hatred