Latest News Archive

Please select Category, Year, and then Month to display items
Previous Archive
15 November 2023 | Story Leonie Bolleurs | Photo SUPPLIED
Dr Georgia du Plessis
Dr Georgia du Plessis started working on topics related to freedom of expression when in academia, and continued to do so at ADF International, her current employer.

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).

Click to view documentRSG interview podcast

Click to view document SAfm interview podcast

News Archive

White Horse to bring enchantment to Free State Arts Festival
2015-07-09

White Horse Project: Concept, Jess Oliveiri & Parachutes for Ladies; Project Manager, Mandi Bezuidenhout; Video, Louis Kruger; Costume, Lesiba Mabitsela; Performers, Gali Malebo, Chris Kleynhans, Busisiwe Matutu, Johandi du Plessis, Elrie du Toit.

A University of the Free State (UFS) and Free State Arts Festival initiative, the Programme for Innovation in Artform Development (PIAD/PIKO) has worked together with Australian artist, Jess Olivieri (Parachutes for Ladies), to bring visitors and spectators the fantastical and mythical White Horse. The UFS has served as home for the festival for a number of years, and is pleased to take part in bringing this communal project to the arts community that will gather at the annual festival.

The White Horse project begins Sunday 12 July 2015 at 15:00 at the Tweetoringkerk in Bloemfontein, launching the arts festival, while capturing the interest of many members of the Bloemfontein community as well as that of the UFS. The project itself will consist of about 200 members of the local community coming together for workshops in which they will be “reimagining” the White Horse. Olivieri will lead the workshops, which she also developed, assisted by Gali Malebo.

“The White Horse project sits within the contested nature of the White Horse - it is in this in-between space that new mythologies and narratives will be told. The project addresses, celebrates, reconfigures, and allows space for multiple narratives.  Given the debate on statues and symbols, the White Horse offers an opportunity to re-purpose and re-imagine symbols in Bloemfontein,” said Olivieri.

Photograph by David Goldblatt, Sculpted by Kagiso Pat Mautloa, a memorial to those who died while in the detention of the Security Police in this building formerly known as John Vorster Square, now Johannesburg Central Police Station. 27 February 2012, Silver gelatin print on fibre based paper, 98 x 120cm

The White Horse project is supported by the Australia Council for the Arts, Free State Department of Sport, Arts, Culture and Recreation, SituateART in Festivals, Salamanca Arts Centre, Arts NSW, NAVA, Creative Partnerships Australia and the University of Sydney.

Spectators can also look forward to the work of major artists including David Goldblatt’s photographic exhibition titled Structures of Dominion and Democracy at 20:00 on Monday 13 July 2015 at the Johannes Stegmann Art Gallery. In this exhibition, he has photographed everyday sites that contain historical narratives.

Work from other artists at the Arts Festival include Blowing in the Wind (19:00 on Monday 13 July 2015 in the Centenary Gallery), curated by Carol Brown, which is an exhibition that delves into issues of environmental and human exploitation. Angela de Jesus, curator of the UFS Johannes Stegmann Art Gallery, will be curating, [my] PLEK | PLACE (18:30 on Monday 13 July 2015 in the Scaena foyer), in which the artists explore location, space, site, and/or ownership.

The Free State Arts festival begins on 13 July 2015.

 

We use cookies to make interactions with our websites and services easy and meaningful. To better understand how they are used, read more about the UFS cookie policy. By continuing to use this site you are giving us your consent to do this.

Accept