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CGF Articles & Editorials

‘HURTFUL, OFFENSIVE AND DISTURBING SPEECH’ MAY LEND ITSELF TO UNINTENDED AND SEVERE CONSEQUENCES FOR SOCIAL COHESION IN SOUTH AFRICA (2019-04-11)

By Terrance M. Booysen and peer reviewed by Kerry Gantley (Partner: Cowan-Harper-Madikizela Attorneys)

We all know that hate speech and free speech are entirely different concepts, yet in South Africa what you can and cannot say as a responsible citizen or public figure remains a divisive issue.

Vicki Momberg, Adam Catzevelos, Penny Sparrow, Kessie Nair, Velaphi Kumalo, Julius Malema, Edward Zuma and Andile Mngxitama are all recent examples of people from different ethnic backgrounds, whether as ordinary citizens or public figures, who have either fallen foul of or perceived to have fallen foul of hate speech laws.

ANTI-HATE SPEECH BILL INTRODUCES NEW BUSINESS RISKS (2016-11-07)

Article by Robert Davies (CGF: Lead Independent Consultant) and reviewed by Terrance M. Booysen

Saying or doing something racist, or performing various deeds which falls within a long list of things the Bill deems to be hate speech -- or a hate crime -- could see you ending up with a criminal record.