Vonnisbespreking : Die siviele verbod op haatspraak – “Shoot the Boer” in die gelykheidshof, hoë hof en die uitsaaiklagtetribunaal

Abstract

In this case note we analyse three judgments relating to the civil prohibition of hate speech as contained in section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 with specific reference to the phrase “Shoot the Boer”. We illustrate that the various fora that analysed these words did not interpret the definition of hate speech in section 10 in a consistent manner, did not always apply the definition as contained in section 10, and that the impugned words do not in all circumstances amount to hate speech.