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11 July 2022 | Story Lunga Luthuli | Photo Supplied
From the left: Dr. Annelie De Man (Coordinator - advocacy division - Free State Centre for Human Rights), Deputy Minister John Jefferey, Department of Justice and Constitutional Development, Martie Bloem ( Private Law Lecturer, Faculty of Law), Tshepang Mahlatsi (Student Assistant - Advocacy division) and Prof Danie Brand (The Director of the Free State Centre for Human Rights).

According to the international market and consumer data company Statista’s June 2022 data, more than 4,6 billion people worldwide are using social media; this is an increase of 1 billion people compared to the total users in 2020. 

Delivering his lecture on ‘Social Media, Freedom of Expression, and the Law’ on the University of the Free State Bloemfontein Campus on 30 May 2022, John Jeffery, Deputy Minister of Justice and Constitutional Development, said, “The power of social media lies in the sheer magnitude of the number of people using it.”

He said: “Section 16 of the South African Constitution provides that everyone has the right to freedom of expression, which includes freedom of the press and other media; freedom to receive or impart information or ideas; freedom of artistic creativity; and academic freedom and freedom of scientific research.”

He advised perpetrators of malicious social media posts about the consequences and the harm to persons who are victims.

Depending on the circumstances, a person who suffers harm because of being the subject of someone else’s social media posts, can be protected under the Protection from Harassment Act. According to the Act, this is due to mental, psychological, physical, or economic harm.

Speaking at the Odeion School of Music, Deputy Minister Jeffery said, “Social media brings with it the importance of responsible use. As a social media user, you are entirely responsible for whatever appears on your social media accounts.’

He said: “Whatever you do in life – your conduct and your words – can be put onto various platforms and they will be there for a very long time. Do better, be better – and use social media to inspire people, to have an impact on the world, and to make it a better place.”

News Archive

Democracy and traditional leadership in rural areas explored
2017-09-22

Description: Democracy Tags: Democracy, customary law, human rights, research, constitution 

Prof Lungisile Ntsebeza, recipient of the NRF Hamilton
Naki Award
Photo: Supplied


The Free State Centre for Human Rights held a presentation by Prof Lungisile Ntsebeza on 7 September 2017 at the University of the Free State (UFS) Bloemfontein Campus on the topic of democracy and traditional leadership in rural areas. Prof Ntsebeza is the holder of the AC Jordan Chair in African Studies at the University of Cape Town and the holder of the National Research Foundation (NRF) Research Chair in Land Reform and Democracy in South Africa. 

Conflict between democracy and traditional rule
The topic of democracy and traditional leadership in the rural areas is an example of the tension between democracy and customary law governing the appointment of traditional leaders (headmen) that is currently at play in many parts of the country. Prof Ntsebeza made reference to a court case in the Eastern Cape, where a community successfully challenged the appointment of a headman by the royal family of the area. The contention was whether royal families could appoint headmen in rural communities or if those communities ought to democratically elect their own leaders. He argued that in this specific case, the democratic imperatives of the Constitution did not conflict with customary law because of the particular communal practice of electing leaders. 

The Constitution and customary law

The Constitution of South Africa recognises customary law provisions which are not in conflict with its fundamental values. Difficult legitimacy problems may arise where customary practices are different from those governing this particular case. Ultimately the Constitutional Court would be called upon to resolve inherent tensions and develop customary law in line with the direction foreseen in the Constitution.

Student engagement as a vehicle for change
The event was attended by UFS staff and fourth-year LLB students in the Faculty of Law, and was funded by the Free State Centre for Human Rights at UFS. The programme is one of several that the centre seeks to utilise in engaging students with researchers and scholars in the field of law and human rights. Prof Ntsebeza has given academic presentations on various related and trending topics in the current academic climate, such as decolonising the curriculum, Cecil John Rhodes and others. He was recently awarded the Hamilton Naki Award at the 2017 National Research Foundation Awards.

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