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UFS research fellow sheds light on Hate Speech Bill

15 November 2023 | Story Leonie Bolleurs | Photo SUPPLIED

It is on this day that the National Council of Provinces will consider the Prevention and Combating of Hate Crimes and Hate Speech Bill during its plenary session. If the bill is passed, it will become law in South Africa, introducing a very broadly defined crime of hate speech that applies to all South African citizens.

Dr Georgia du Plessis, Legal Officer at ADF International, Brussels, and Research Fellow at the University of the Free State (UFS) and the University of Antwerp, Belgium, points out that, according to the South African government, one of the objectives of the Prevention and Combating of Hate Crimes and Hate Speech Bill is to fulfil South Africa’s responsibilities as outlined in the Constitution and international human rights instruments.

“Here reference is made to the International Convention on the Elimination of All Forms of Racial Discrimination (to which South Africa is a signatory). However, this convention only refers to issues confined to discrimination based on race, colour, national or ethnic origin and not the extensive list of grounds found in Clause 1 of the bill. Furthermore, the international bill of rights (Universal Declaration of Human Rights, International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights) places no obligation on member states to implement hate speech laws,” she states.

She strongly believes that “the so-called international obligations requiring such overbroad hate speech laws are not specified and an incorrect understanding of the actual obligations placed upon South Africa by these international instruments”.

Solving inequalities

Given the deep-rooted inequalities in the country, it is easy to conclude that certain forms of speech contribute to maintaining these historical inequalities, making a case for their regulation and prohibition.

Dr Du Plessis, however, is of the opinion that the current inequalities found in South African society are due to a variety of historical and current factors such as corruption, perpetuated historical inequalities, low employment and education rates, etc., that will not be solved or even alleviated by limiting freedom of expression. “Quite the contrary,” she states.

She believes there are already measures in place to limit speech that threatens to discriminate and violate the rights of others. Here, for instance, she refers to Section 36 of the Constitution and laws such as the Promotion of Equality and Prevention of Unfair Discrimination (Equality) Act 4 of 2000. “Here Section 10 already prohibits ‘hate speech’ even more broadly than the South African Constitution (Section 16),” she says.

“The Equality Act is already an overly broad restriction of freedom of speech found in the Constitution,” states Dr Du Plessis.

According to her, freedom of expression was one of the few tools that can and remains to be used by the vulnerable, oppressed, and poor. “There is no evidence that suggests that such ‘hate speech laws’ will protect the most vulnerable in society and reduce racism. Instead, it gives the government a tool to take away hard-won rights and freedoms that can be used against those very same groups in society that need the most protection. Limiting speech will not reduce inequalities and discrimination. On the contrary, it will disempower those who need it the most,” she says.

The definition

Dr Du Plessis says, “The current Hate Speech Bill contains a circular definition of ‘hate speech’ which boils down to ‘hate speech’ being defined as ‘hate’.”

“This lack of narrowly defined concepts, which is necessary for legal certainty in criminal law, can easily be used to the ‘advantage of a government’ and enlist the general public as ‘agents of the control process’,” she states.

Dr Du Plessis uses blasphemy laws in Nigeria as an example – a country where “blasphemy laws are used as an excuse to act in a discriminatory manner and in violence towards others when the person feels that his or her religion or religious figure has been offended. Deborah Emmanuel Yakubu was stoned and burned to death for posting messages on WhatsApp allegedly insulting and blaspheming against the Prophet Muhammad”.

She suggests that although the Hate Speech Bill may seem different – that it will not allow for such instances within the young democracy – the wording of the current version of the bill is open to being interpreted as putting someone in jail for eight years for causing emotional ‘harm’ (whatever that may mean). “This is not very different from how blasphemy laws operate, which is premised on the emotional subjective experience of the person towards whom the speech is made”.

“In essence,” she says, “Clause 4(1) of the bill states that any person who acts in a manner that can be seen as a clear intention to incite harm and propagate hatred is guilty of hate speech.”

As stated by her, ‘hate’ is not defined further, and ‘harm’ is very broadly defined as any ‘substantial emotional, psychological, physical, social or economic detriment that objectively and severely undermines the human dignity of the targeted individual or group’. Thus, aspects such as ‘offence’ can easily be included under the definition of ‘harm’, even if international law clearly states that speech causing offence cannot necessarily limit the right to freedom of expression as such.

She also points out that there is no universally accepted definition of ‘hate speech.’ “Speech that is defined by an emotion, such as hate, is conducive to the subjective emotional meaning attached to it by the one who utters such speech and the person against whom it is uttered,” she says.

Dr Du Plessis lectured public law subjects at the UFS, which included international law, administrative law, statutory interpretation, and human rights law in general. She later received a scholarship to complete her PhD in Law in Belgium on the right to freedom of religion or belief. At KU Leuven in Belgium, she lectured and published on related topics and thereafter started working at ADF International in Brussels. Her work at ADF International involves legal advocacy and research on freedom of religion or belief, freedom of expression, and parental rights – mainly related to the European Union, but also internationally (for example, related matters in South Africa).

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Official opening ceremony of the UFS Qwaqwa Campus

2006-02-15

Official opening ceremony of the UFS Qwaqwa Campus
11th February 2006 – Multipurpose Hall

Opening Speech:
Prof. Peter A. Mbati
Campus Principal

Successfully rising to the challenges of incorporations and mergers – developing a vibrant and academically stimulating satellite campus of the University of the Free State.

Thank you Mr. Program Director and good morning ladies and gentlemen.

I wish to once again welcome all of you to the official opening ceremony of the University of the Free State QQ campus. Thank you for taking time to share with us an important date in our campus academic calendar. I bring you greetings from our Rector and Vice Chancellor Prof. Frederick Fourie.

During such occasions we try and reflect on important matters that have affected us as an institution in the preceding year, commit ourselves to specific objectives for the current year, while planning for the proceeding year.

Today I shall be talking on Successfully rising to the challenges of incorporations and mergers – developing a vibrant and academically stimulating satellite campus of the University of the Free State’.

SRC inauguration
I would like to congratulate the SRC President and the entire SRC leadership for being elected into important positions of student leadership and authority.

As a university we are proud of the quality of our student leadership on the Qwaqwa campus. I am confident that you young leaders will rise to the challenges of your office and discharge your duties with diligence and without fear or favour. That you will rise above your party affiliations and provide effective leadership to the entire student body on campus.

Leadership is complex and requires you to be objective, just and fair in your approach to the many challenges that you will encounter. You will be judged not by the populist decision that you take when confronted with difficult choices, but rather, on the wisdom that you exercise in reaching consensus in decision making processes.

The era when management and student leadership viewed each other with suspicion and as adversaries is long gone. Management, academic and administrative staff, parents and students must have common agendas in as far the quality growth and development of our university is concerned and to strive towards academic excellence. I leave the challenge to you students, and more so to the inaugurated student leaders to define your agenda in achieving this noble objective. I trust that you will make the right choices.

Brief history of incorporation
On the recommendations of the National Working Group of Higher Education, the Qwaqwa Campus of the then University of the North was incorporated into the University of the Free State on 1st January 2003. We suddenly had to move from a campus that was originally semi-autonomous and with its own culture developed over almost 20 years, into a campus that had to operate as a fully integrated campus of the UFS, a 100 year old institution with its distinct culture.

Following incorporation, we not only had to continue with our core business of teaching, learning, research and community service, but we also had to engage in other important aspects such as exploring the most appropriate models of governance for the campus, encouraging dialogue and interactions at all levels between personnel at the different campuses with a view to developing trust between colleagues. And with the added dimensions such as participation in the transformation task team we in effect are at the fore front of developing a new institutional culture at the UFS and a truly South African University.

UFS Strategic objectives
The strategic and transformation priorities of the University of the Free State for 2006 – 2008 as approved by the Executive Management at its retreat in January 2006 are:

Quality and Excellence
Equity, diversity and redress
Financial sustainability
Regional co-operation and engagement

Central to this priority is the integration of the Qwaqwa campus as a valuable constituent part of the UFS, and the strategic reconfiguration of the campus in order that the UFS can play a meaningful role in regional engagement and development.

National leadership

The five strategic objectives cannot be viewed in isolation and run simultaneously and in concert with each other.

The Question must therefore be what we on the QQ campus, staff and students, parents and our broader community are willing to do to achieve these strategic objectives. The reconfiguration and strategic planning of this campus, and therefore its success, must be a collaborative effort between colleagues at QQ and on the main campus. We must all be ready to work together, to plan together, to shoulder responsibilities together and sometimes, to share the pain and disappointments together.

The second question must therefore be: are we prepared to go that extra mile for our campus to ensure that we claim our rightful stake within the ranks of well respected academic institutions of higher learning in this country? At this point in its history this campus requires committed men and women from across the cultural spectrum who appreciate the challenges ahead of us and who are ready to give of their best and to constructively engage at all levels to make this dream a reality. Because this dream is possible and this dream will be realized!

Quality and Excellence (1st strategic objective)

As mentioned by the Rector in his speech at the official opening ceremony of the university on the main campus on Friday 3rd February, the university will in 2006 pay extra attention to Quality and Excellence. This is informed by the Higher Education Quality Committee’s (HEQC) institutional audit which is scheduled to take place this year. Our university as well as several other HEI’s will be subjected to this audit. This will call for a lot of hard work on your part in preparation for a successful audit and in this regard therefore I request for your cooperation.

As a further step in confirming our commitment to quality and excellence, we have simultaneously introduced on the QQ campus and the main campus workshops on performance management systems to a cohort group. This will be expanded in 2006 to a wider group of managers on the QQ campus to include among others all Program Heads and Subject Heads. PMS is an invaluable tool for fair, effective and efficient management of a very important resource on campus – the human resource. Benefits of PMS include among others:

Instilling and enriching a culture of performance management (quality assurance) as an integral part of the day to day functioning of staff at the campus
Improving staff performance through mentoring, development and training

Tri campus project
One of the more important projects that we as a university undertook in 2005 was the Tri Campus Project which was coordinated by the Free State Higher Education Consortium (FSHEC) through Niel Butcher and Associates consultants.

The Tri-Campus project focused on the strategic planning for higher education campuses in the Free State that have been incorporated with UFS and CUT during the reshaping of the South African higher education landscape. The Bloemfontein Vista campus and the Qwaqwa campus of the University of the North were incorporated with the UFS, and the Welkom Vista campus with the CUT.

The planning process involved a range of research and consultation activities during the course of 2005. This included:

Conducting situational analyses of the Qwaqwa campus during which staff and students were widely consulted;
Consulting with the campus and with a range of stakeholders in the sub-region
Review of the Free State Provincial Growth and Development Strategy and Integrated Development Plans (IDPs) of the regions and other research of relevance to the sub-regions, province and country.

An operational framework for the reconfiguration of the campus with a range of possible Program Qualification Mixes has been produced. In December 2005, the Rector, the Vice Rector Academic Planning Prof. Magda Fourie and I discussed this document with senior members of the DoE in Pretoria, and we will soon be meeting with the National Minister of Education Me Naledi Pandor for her guidance and to seek support in the further refinement of the document and subsequent implementation.

Recapitalization
This year a further R 6 M has been budgeted for recapitalization. In about two weeks time the third of phase of renovations on campus will commence and attention will be given to the administration building, the humanities and the outstanding work in the lecture hall complex. There- after the library, sciences and education buildings will follow. As you will recall a substantial portion of the R 8.4 million in 2005 was used to upgrade the student residences and the lecture hall complex.

I am certain that the renovations and upgrading of our infrastructure and physical facilities including landscaping will create an enabling environment for you to enjoy your work and studies on this campus.

Renovations come with some measure of inconveniences and I therefore wish to request for your patience and support during this period.

Closing remarks
There is a heightened spirit of optimism on what the future holds for this campus. This is evident when I talk to a large cross section of staff and students of this campus – and I therefore invite all of you to come and be partners with us on this journey of optimism and hope of what the future holds for the UFS – QQ campus.

Thank you and God bless!

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