Finding that Zille colonialism tweets were incitement to violence 'far-fetched'
On Tuesday, the Pretoria High Court dismissed with costs the application by former Western Cape Premier Helen Zille to have Public Protector Busisiwe Mkhwebane's report on her controversial colonialism tweets reviewed and set aside.
Mkhwebane found that the 2018 tweets, where Zille claimed that the legacy of colonialism is not all bad, was in violation of the executive code of ethics.
John Maytham gets the input of Professor Pierre de Vos, the Claude Leon Foundation chair in Constitutional Governance at the University of Cape Town (UCT).
De Vos agrees that the recent court judgments in hate speech cases can lead to confusion among the general public.
That is why we're waiting for the Constitutional Court, who have heard the arguments in the case. It will be the first case where they will give an authoritative interpretation of the provisions that regulate hate speech, which is the promotion of equality and the prevention of unfair discrimination.Prof. Pierre de Vos, Claude Leon Foundation chair in Constitutional Governance - UCT
He points out that the Public Protector has wrongly said that hate speech is protected by the Constitution.
The Constitution doesn't regulate or prohibit any speech, it just says some speech is not protected so if you make a law to limit the speech that is not protected, it is not going to be unconstitutional.Prof. Pierre de Vos, Claude Leon Foundation chair in Constitutional Governance - UCT
The constitutional law expert says he's not sure Zille's tweets constitute hate speech given their context, but has no doubt that they were not an incitement to violence.
What it clearly isn't, is what the Public Protector found - that it was an incitement to violence. That is clearly a bit far-fetched.Prof. Pierre de Vos, Claude Leon Foundation chair in Constitutional Governance - UCT
For more on this complicated issue, take a listen:
The DNA testing service is the most comprehensive of its kind in Africa and traces your roots while also contributing to science.Read More
The Desmond & Leah Tutu Legacy Foundation posted delightful photos of Desmond Tutu meeting the Springboks.Read More
The legal battle between Sars and Mkhwebane will make clear the powers of the public protector's office when it comes to tax info.Read More
Premier Alan Winde explains why his provincial government is lobbying for a licence to import liquefied natural gas (LNG).Read More
Excited schoolchildren can be heard chanting 'Siya, Siya, Siya' as the Springboks tour bus makes its way through Langa.Read More
KFC director of public affairs Zinhle Modiselle says they have met with the couple and they are in talks with their families.Read More
National Treasury deputy director general Vuyelwa Vumendlini says the investments will boost the economy and create more jobs.Read More
The need for unabridged birth certificates for children entering South Africa has officially been scrapped, the minister explains.Read More
A local organisation is fighting against rising food waste in Cape Town and taking the burden off of overloaded landfills.Read More
Pauli van Wyk from Daily Maverick's investigative unit Scorpio shares the latest developments on the VBS case and the Hawks.Read More
Advocate Andy Mothibi Head of the Special Investigation Unit explains the actions being taken.Read More
Western Cape Provincial Minister of Finance and Economic Opportunities David Maynier outlines options being proposed.Read More
The Democratic Alliance Western Cape leader says he is stepping back for now.Read More
Human Capital Development executive Edith Leeuta weighs in on an unemployed graduate's struggle to find work.Read More
Jacob Zuma spent a week in hospital for an undisclosed condition and was unable to appear before the state capture commission.Read More
News24 journalist Mandy Wiener outlines her interview with Hawks boss, Lieutenant General Godfrey Lebeya.Read More
DA parliamentary leader John Steenhuizen says South Africa's stance on LGBTI human rights should be clear and unambiguous.Read More
NSFAS administrator Dr Randall Carolissen says it will likely only recover R1 billion of R7 billion in irregular expenditure.Read More
The court ordered Zuma to apologise to former minister Derek Hanekom for calling him 'a known enemy of the state'.Read More
Political analyst Dr Ralph Mathekga gives his analysis of the adoption of the Promotion of Access to Information Amendment Bill.Read More