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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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UFS awards honorary doctorates during its centenary week

2004-10-07

The University of the Free State (UFS) will award 12 honorary doctorates on Thursday 14 October 2004 to a diverse group of outstanding South Africans and international experts.

This will be the last in a group of 18 honorary doctorates that the UFS will be awarding in its centenary year.

The awards comprise of a number of well-known language experts and writers, experts in higher education, first-time awards in community service and development studies, as well as music.

“This reflects quality and also diversity, a spectrum of convictions as well as the recognition of persons who played a major role in changing society in the last couple of decades, “ says Prof Frederick Fourie, Rector and Vice-Chancellor of the UFS.

The awards can be grouped in the following categories:

Language and literature:

Mr Karel Schoeman (D Litt (hc)) – well-known Afrikaans author and former student of the UFS. Some of the awards he has received include the Hertzog prize for prose (1970, 1986 and 1995), the CNA prize (1972 and 1994), the Old Mutual prize (1985 and 1991), the SABC prize for best television drama in 1990, the M Net book prize in 1997 and the State President award (former President Nelson Mandela: Order for Excellent Service – silver) in 1999. It is an honor for the UFS to have this gifted and creative person among its former students. This conferment is a fitting recognition of his status as leading South African writer.

Ms Antjie Krog (D Litt (hc)) – well-known South African poet and former student of the UFS. Her popularity as poet is evident in her piercing honesty and unequalled power of expression. Some of the awards she has received include the Eugéne Marais prize in 1973, the Rapport prize in 1987, the Hertzog prize in 1990 and the RAU prize in 2000. Her writing has been translated into seven languages. She has also received numerous honors for her involvement in and journalistic documentation of the Truth and Reconciliation Commission’s (TRC) proceedings. It is therefore an exceptional privilege for her alma mater to honor her with an honorary doctorate.

Prof Jaap Steyn (D Litt (et phil) (hc)) – recently, Prof Steyn again distinguished himself as biographer whose thorough research is apparent in the published biographies of illustrious writers such as NP van Wyk Louw and MER. The numerous awards, among which the Stals prize from the South African Academy of Science and Art for the Van Wyk publication, are a matter of record. He conducted the research for this great prize-winning work as honorary professor at the UFS.

Prof Jakes Gerwel (D Phil (hc)) – Chancellor of the University of Rhodes and Director of Naspers, Old Mutual, Gold Fields and Brimstone. His doctoral thesis was published in The Netherlands under the title Literatuur en apartheid. Konsepsies van “gekleurdes” in die Afrikaanse roman tot 1948 (1983). He received an honorary doctorate from Clark College ( Atlanta), the City University of New York and Missouri in the USA, the University of the Western Cape, the University of Cape Town, the University of Natal, Rhodes University, the University of Stellenbosch and the University of the Witwatersrand. He is also outstanding professor in the Humanities at the University of the Western Cape, honorary professor in the Humanities at the University of Pretoria, and was the chairman of the Human Sciences Research Council (HSRC).

Development Studies:

Dr Frederick van Zyl Slabbert (D Phil (hc)) – for his academic achievements, his endeavors for bringing about a peaceful transition in South Africa and his demonstration of the social investment role of the corporate sector. Dr Van Zyl Slabbert has received honorary degrees from the University of Natal and the Simon Fraser University in Canada. He has published seven books and various academic articles.

Community Service:

Prof Robert G Bringle (D Phil (hc)) – from the Indiana University-Purdue University Indianapolis (IUPUI) in the USA. He is currently Chancellor’s Professor of Psychology and Philanthropic Studies at the IUPUI and also Director of the IUPUI’s Centre for Service Learning. He is honored for his exceptional contribution to several of the UFS’s community service projects as well as his role in the advancement of a multi- and inter-disciplinary approach to academic development and the integration of service learning within the faculties of the UFS. He has also made a valuable contribution to the conceptual framework of the UFS’s unique community service policy and more recently to the advancement of a research culture regarding community service.

Higher education:

Dr Khotso Mokhele (D Phil (hc)), President of the National Research Foundation (NRF) is honored for his contribution to the South African higher education sector. He has also made a substantial contribution to the development of the research capacity of universities and technikons in South Africa. Dr Mokhele was born in Bloemfontein and matriculated at the Moroka High School in Thaba Nchu.

Prof Saleem Badat (D Phil (hc)), the Chief Executive Officer of the Council on Higher Education (CHE). Prof Badat has devoted himself to transforming and building South African higher education, and has constantly challenged the higher education sector to retain the moral basis of higher education and tackle its challenges with intellectual honesty, ingenuity, creativity and courage. He is honored for his intellectual leadership in the development of a equitable, just and quality higher education system in South Africa.

Law:

Prof HA (Boelie) Wessels (D Legum (hc)) – for his contribution to the fields of Roman Law, Legal History at the UFS. He is currently a part-time lecturer at the UFS’s Faculty of Law.

Medicine:

Prof CJC Nel (D Phil (hc) Posthumous) – for the way in which he strived for the advancement of excellent medical education in the country. Prof Nel also did pioneering work in the field of transformation in higher education. Under his guidance the School of Medicine at the UFS became one of the first medical schools to adopt a parallel-medium system of instruction.

Music:

Prof Leo Quayle (D Mus (hc)) – for the significant contributions he has made to the development of music – not only in Bloemfontein, but also on national level and abroad. His initiative, enthusiasm and dedication contributed to the eventual founding of the Free State Musicon, as well as the first symphony orchestra and the first string quartet in Bloemfontein. Prof Quayle is a former head of the Department of Music at the UFS.

Prof Jack de Wet (D Mus (hc)) – well-known for his exceptional contribution to violin tuition in South Africa. As pedagogue of international stature, he still moulds violinists who compete at national and international level. At an advanced stage of his career, he still actively conveys his knowledge, experience and distinctive insight in his field of speciality to yet another new generation of young violin teachers. Today the symphony orchestras in Bloemfontein and Port Elizabeth also stand on the foundations laid by him.

Media release
Issued by: Lacea Loader
Media Representative
Tel: (051) 401-2584
Cell: 083 645 2454
E-mail: loaderl.stg@mail.uovs.ac.za
7 October 2004

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