CFCR WELCOMES SETTLEMENT IN HATE-SPEECH MATTER

Adv Johan Kruger – Director: Centre for Constitutional Rights

The Centre for Constitutional Rights (CFCR) welcomes a decision by the African National Congress (ANC) not to proceed with an appeal against a judgement of the South Gauteng High Court, which held that the struggle song,Dubul’ iBhunu (Shoot the Boer), amounted to hate speech.

The South Gauteng High Court, sitting as the Equality Court, in 2011 held that the words of the song were “derogatory, dehumanising and hurtful” and as such interdicted the ANC from singing this song. The ANC initially appealed the ruling.

The CFCR commends all parties involved – including the ANC, AfriForum and agricultural union TAU SA – in reaching the reported out-of-court settlement. Dialogue on all levels of society and aimed at finding common ground in the interest of everybody who lives in South Africa, is indeed what has been amiss in our society.

Our future is founded on the values, rights and principles enshrined in our Constitution. In this regard, the Constitution certainly protects the right to freedom of expression and recognises our respective heritage and cultural differences. However, the Constitution is clear on the fact that we cannot claim those rights in complete ignorance of the rights of others. Any part of our heritage or culture that is “derogatory, dehumanising and hurtful” to those around us, has no place in our constitutional democracy and cannot be justified on any grounds – most certainly not in terms of the Constitution.

Our future depends on an interpretation of our constitutional rights that reflects our resolve to live together in South Africa, united in our diversity. This is only possible if the interpretation of our rights and responsibilities is based on mutual respect, common understanding and sincere compassion, regardless of race, culture or creed.