MEDIA STATEMENT ISSUED BY THE SA HUMAN RIGHTS COMMISSION REGARDING THE JOHANNESBURG EQUALITY COURT JUDGEMENT AGAINST MR JULIUS MALEMA
The SA Human Rights Commission notes the Johannesburg Equality Court judgment which found that the singing of the song"Dubul'ibunu" by the ANC Youth League President, Mr Julius Malema, constituted hate speech. The Commission respects the decision of the Equality Court in this matter.
The Commission is committed to uphold the rule of law and is satisfied that parties will be able to engage processes in law to assert their rights. This would include their rights to appeal the judgment should they deem this approach necessary or appropriate.
Having now had an opportunity to consider the judgment and to reflect on the complaint brought by the Afrikanberbond against Mr Malema, the Commission recognises that the questions pertaining to freedom of expression and hate speech are both complex and emotive.
Consequently, the Commission maintains its view that it is important for it to proceed to deal with the matter and provide a perspective on the issue of freedom of expression and hate speech.
Meanwhile, the Commission reminds South Africans that the right to freedom of expression is enshrined in Section 16 of the Constitution and that the same right also allows for freedom of speech. In exercising this right, a balance therefore needs to be maintained.