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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).

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News Archive

Inauguration of Prof Francis Petersen as 14th Vice-Chancellor and Rector of the UFS
2017-05-23

Description: Prof Petersen Inauguration Charl Devenish photo Tags: Prof Petersen Inauguration Charl Devenish photo

Dr Khotso Mokhele, Chancellor of the UFS, robes Prof Francis Petersen as Vice-Chancellor and Rector of the UFS.
Photo: Charl Devenish

“At the UFS, we want to produce graduates for the world, and we need to ensure that we use our knowledge to uplift society”
— Prof Francis Petersen, 14th Vice-Chancellor and Rector of the University of the Free State (UFS)

On Friday 19 May 2017, the University of the Free State (UFS) celebrated the inauguration of its 14th Vice-Chancellor and Rector, Prof Francis Petersen. The formal inauguration was held in the Odeion Theatre on the Bloemfontein Campus. The ceremony was preceded by a week-long welcoming programme on the three UFS campuses.

The guest list included representatives from local and provincial government, vice-chancellors and rectors from across South Africa, and senior members of the university’s executive management.

During the inaugural address, Prof Petersen paid tribute to his predecessors for the role they played in making the university what it is today. This included former rectors and vice-chancellors who attended the ceremony, such as Prof Francois Retief and Prof Frederick Fourie, and Prof Stef Coetzee and Prof Jonathan Jansen who were unable to attend.

Prof Petersen characterised 2015 and 2016 as watershed years for the South African higher-education system. “The Rhodes Must Fall, and subsequent Fees Must Fall student and staff protests challenged us, and re-energised a critical engagement around the purpose of the university in an equal society, both as a site of complicity and as a potential agent for social change,” said Prof Petersen.

He committed himself to developing the UFS into an institution that will have an even greater impact than before.

“This institution I am striving to establish will be one that responds positively to inclusivity, diversity, and transformation, and which can incorporate these values into our curriculum, scholarship, and research in a productive way,” said Prof Petersen.

Prof Petersen emphasised the importance of the three-campus model. “The University of the Free State is ONE university with three campuses: the Bloemfontein Campus, our South Campus, and the Qwaqwa Campus. I am committed to align the activities of the three campuses, and to integrate our activities to a greater extent.

“We must work together to infuse each campus with the values we have identified as essential if we are to make our mark as a united University of the Free State: academic excellence, diversity and inclusivity, and innovation.”

The Chancellor, Dr Khotso Mokhele, had the honour of handing over the gown to Prof Petersen. Prof Lis Lange, Vice-Rector: Academic, explained the relationship between the university and the Basotho people, and how this relationship is honoured through the official procession gowns of the UFS. The Basotho blanket is worn by kings, and the university therefore hopes that the symbolism of the gown would be a source of inspiration to Prof Petersen.

The event was concluded by congratulatory messages from former colleagues and the President of the Student Representative Council on the Bloemfontein Campus, SK Luwaca. The event was elegant and graceful – the inaugural address was thought-provoking and inspiring.

 

Official Inauguration Ceremony:

19 May 2017
Bloemfontein Campus

 Description: Official Inauguration photo small Tags: Official Inauguration photo small


"I challenge you to dream big and do big." - Prof Petersen

 

Photo Caption: Dr Khotso Mokhele, Chancellor of the UFS, robes Prof Francis Petersen as Vice-Chancellor and Rector of the UFS.
Photo: Johan Roux

Short biography of Prof Francis Petersen
Inaugural address: 19 May 2017
Transcription of the ceremony
Photo Gallery
Video

 

Welcoming Ceremonies:

The week of 11-19 May 2017 was one of the highlights in this year’s calendar for staff and students of the University of the Free State (UFS), with various ceremonies taking place to welcome Prof Francis Petersen – who assumed his duties on 1 April 2017 – as the 14th Vice-Chancellor and Rector. The festivities culminated in the official inauguration ceremony at the Bloemfontein Campus on 19 May 2017.
 
The Qwaqwa Campus welcoming ceremony took place on Thursday 11 May 2017, attracting a wide spectrum of community leaders from the area. Prof Petersen was welcomed by representatives from the two trade unions, National Education Health and Allied Workers Union (Nehawu) and UVPERSU, as well as representatives from the Student Representative Council (SRC), the Thabo Mofutsanyana Education District, and the House of Traditional Leaders. Paramount Queen Mopeli of the Bakoena Royal House bestowed a special honour upon Prof Petersen by clothing him in a traditional Basotho blanket and hat. She said, "From our heart of hearts, welcome, Prof Francis ..., and all Godspeed during your tenure."
 
The South Campus in Bloemfontein hosted a welcoming ceremony for the new Vice-Chancellor and Rector on 18 May 2017. The ceremony included a number of vocal performances and messages from various stakeholder groups. The same afternoon, the Institute for Reconciliation and Social Justice (IRSJ) also facilitated a panel discussion, titled Diversity, inclusivity, and social justice and the renewed call for decolonisation, in the Albert Wessels Auditorium (AWO) on the Bloemfontein Campus.

The welcoming ceremonies culminated in an event in the Callie Human Centre on Friday 19 May 2017 at the Bloemfontein Campus, with a number of performances by musicians associated with the UFS, marimbas, drum majorettes from Jim Fouche Secondary School, the Grey College Gumboots, and school choirs from Eunice Secondary School, Brebner Primary School, and Willem Postma Primary School. Representatives from key stakeholders such as Nehawu, UVPERSU, the Campus Ministries Forum, SRC, Alumni, Convocation, and the UFS Council had the opportunity to convey their messages of welcome to Prof Petersen.
 
The formal inauguration ceremony took place in the Odeion Theatre on the Bloemfontein Campus the same day.

 

Qwaqwa Campus ceremony:

11 May 2017
Qwaqwa Campus

 Description: Prof Petersen with the queen 2 Tags: Prof Petersen with the queen 2

 

"Qwaqwa Campus is the perfect laboratory for sustainable sciences.” – Prof Petersen

 

Photo caption: Paramount Queen Mopeli of the Bakoena Royal House with Prof Petersen and his wife, Cheslyn.
Photo: Mamosa Makaya

Photo Gallery
Video

Read the full story
Transcription of the ceremony

 

South Campus ceremony:

18 May 2017
South Campus

 Description: South Campus welcoming Tags: South Campus welcoming

 

"South Campus: you aspire excellence, adding to diversity and you are innovative in what you do." - Prof Petersen

Photo caption: Flag bearers and drummers walking to the Madiba Arena.
Photo: Hannes Pieterse

Photo Gallery

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Transcription of the ceremony

 

 

Bloemfontein Campus panel discussion:

Panel discussion: Diversity, inclusivity and social justice and the renewed call for decolonisation
18 May 2017
Bloemfontein Campus

 Description: Panel discussion 18 May 2017 Tags: Panel discussion 18 May 2017


"The UFS should be a place of belonging for everyone." - Prof Petersen

 

Photo caption: from left: SK Luwaca (SRC President, Bloemfontein Campus), Prof Elelwani Ramugondo (UCT), Prof Francis Petersen (UFS), Prof Melissa Steyn (WITS), Prof Andre Keet (UFS)
Photo: Lelanie de Wet

Photo Gallery

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Transcription of panel discussion



 

Bloemfontein Campus ceremony:

19 May 2017
Bloemfontein Campus

 Description: Bloem welcoming ceremony on 19 May 2017 Tags: Bloem welcoming ceremony on 19 May 2017


"I can just say, Wow! I've experienced a lot during the welcoming functions on all three campuses." - Prof Petersen

 

Photo caption: Prof Francis Petersen, Vice-Chancellor and Rector of the UFS
Photo: Rulanzen Martin

Photo Gallery

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Transcription of the ceremony


 

 

Description: Inauguration and welcoming of Prof Petersen combined gallery Tags: Inauguration and welcoming of Prof Petersen combined gallery

Photo gallery of Inauguration and Welcoming Ceremonies

 

 

 

 

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