Hate speech clause is clear, SAHRC tells ConCourt

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Hate speech clause is clear, SAHRC tells ConCourt

Legal debate about the clause, set aside as unconstitutional last year, sprang from a column by Jon Qwelane

Franny Rabkin

Properly construed, there was “no ambiguity whatsoever” to the hate speech clause in the Equality Act, said the South African Human Rights Commission (SAHRC) in the Constitutional Court on Tuesday.

The clause, section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act, has often been criticised for being badly drafted and difficult to understand. 

Last year, the Supreme Court of Appeal set it aside as unconstitutional, saying it was “barely intelligible”. The clause is now before the highest court, which must decide whether to confirm the appeal court’s order. ..

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