Website obtains groundbreaking court decision restricting hate speech from Julius Malema and the Economic Freedom Fighters (EFF)
The South African Human Rights Commission (SAHRC) has secured a significant victory in the Equality Court, with Julius Malema and the Economic Freedom Fighters (EFF) found guilty of hate speech. The guilty verdict was due to statements made by Mr. Malema during a public address on 16 October 2022.
The Court declared that Mr. Malema's statements constituted direct incitement to violence and racial hatred, targeting white males. The statements made by Mr. Malema violated section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act (Equality Act).
The SAHRC was represented by its Social Impact team, led by Jason Whyte and Laura Macfarlane. Karrisha Pillay SC, Sibonile Khoza, and Tongayi Masvikwa provided counsel for the team.
Jason Whyte, Director at the SAHRC, spoke about the judgment, stating that freedom of expression cannot be used as a shield for hate speech. He further emphasised that the successful case demonstrates the strength and impact of the SAHRC's work in promoting equality and preventing unfair discrimination.
Besides Julius Malema and the Economic Freedom Fighters, no other specific persons were identified as defendants in the Equality Court case on October 16, 2022, in the hate speech proceedings.
For further information, please contact the SAHRC's Communications Manager, Motheo Motlhanke, at 27 11 685 8891.
This judgment reaffirms the Equality Court's stance that hate speech will not be tolerated in South Africa. It serves as a reminder that everyone, regardless of their position or status, must respect the dignity and rights of others.
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