Abstract:
This article reflects upon the question of whether the offence of
blasphemy is valid in terms of the Constitution of the Republic which
guarantees equal protection and freedom of religion, opinion, conscience
and belief. Blasphemy protects only the Christian and Judaic perceptions
of God. Would a Muslim, for example, not be entitled to protection
under a broadened offence? And does the offence not discriminate
against religions not protected by blasphemy? The author contends that
Parliament has a duty to either broaden the scope of blasphemy or to
scrap the offence. He is, however, of the view that the offence is not, in
itself, unconstitutional and that Parliament should, given the sensitivities
in this sphere, not scrap the offence but rather protect the religious convictions
of all sections of the population.
