On the 4th August 2014 the Commission received a complaint from the First Complainant. The first complaint by the First Complainant arose from a statement posted by the Respondent on the 30th July 2014, alleging that the statement was a violation of the right of freedom of expression of persons who held opinions different from the Respondent and made specific reference to Sections 16(2)(a) and/or (b) of the Constitution of the Republic of South Africa, 1996. The second complaint by the Second Complainant arose from a subsequent social media post by the Respondent, in which the SAJBD alleged that the post constituted hate speech and harassment in violation of the Promotion of Equality and Prohibition of Unfair Discrimination Act 4 of 2000 (PEPUDA).

Amongst its findings, the Commission has found that the 30th July 2014 statement made by the Respondent was based on a prohibited ground as defined in section 1(b) of PEPUDA, however this statement did not amount to hate speech. Further, the SAHRC, has also found that the statements the Respondent made in his 13th August 2014 social media post, advocated unfair discrimination against the Second Complainant. The Commission is of the view that post in question can be reasonably construed to demonstrate a clear intention to promote hatred of the members of the Second Complainant, as is prohibited by section 10 of PEPUDA. Here the Commission found that the 13th August 2013 social media post, amounted to hate speech.

The Commission, amongst its recommendations require that the Respondent furnish the Second Complainant with a written statement apologising for the statements made in the 13th August 2014 social media post affirming his commitment to constitutional values within one month of the date that this finding is communicated to the parties. The Commission reserves the right to take any further action in respect of this matter.

Ends
Issued by the South African Human Rights Commission

Gail Smith – Spokesperson Tel: 060 988 3792 This email address is being protected from spambots. You need JavaScript enabled to view it.
Gushwell Brooks – Communications Co-ordinator Tel: 082 645 8573 This email address is being protected from spambots. You need JavaScript enabled to view it.