Tag: Constitution 16(1)

Hate speech constitutionality: Final decision delivered

Qwelane v SA Human Rights Commission Constitutional Court in considering the constitutionality of hate speech unanimously decided to set aside the order of the SCA and inter alia declared that section 10(1) of the Equality Act...

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Free expression examined: No absolute constitutional rights

Economic Freedom Fighters v Minister of Justice and Correctional Services Constitutional Court examined free expression and emphasised that a less restrictive means of proscribing constitutionally objectionable incitement is the...

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Hate speech appeal: Arguments on appeal

Qwelane v SA Human Rights Commission Hate speech appeal was argued in the Constitutional Court concerning the judgment of the Supreme Court of Appeal dated 29 November 2019 and we now know that judgment will handed down on 30...

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