The high court in Johannesburg dismissed the constitutional challenge by Qwelane and found the article was hurtful.
In November last year, the SCA upheld Qwelane's appeal. It found that the right to freedom of expression had been limited in a number of important ways by section 10 of Pepuda. The court said although section 16.2 of the constitution found freedom of expression did not extend to advocacy of hatred based on the categories of race, ethnicity gender or religion, Pepuda extended the limitation to include 18 other categories.
"Indeed in present-day SA, many would be afraid of the political and social possibilities that are advocated for daily in high-stakes debates that characterise a transforming society with a violent racist past," he said. "This may place many South Africans in a condition of subjective or reasonable fear, but that does not entitle them to expect the state to lock up those whose chosen form expression place them in such a state of fear."
Source: Law Daily Report (lawdailyreport.net)
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