The ombud ordered the newspaper to publish an apology, but refused the Commission’s leave to appeal its ruling.The Commission then approached the Equality Court, arguing that Qwelane and the publisher of the Sunday Sun had contravened section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act, 1999 (PEPUDA).Section 10(1) of PEPUDA states: “Subject to the provisio in section 12, no person may publish, propagate, advocate or communicate words based on one of more of the prohibited grounds, against any person, that could reasonably be construed to demonstrate a clear intention to – (a) be hurtful; (b) be harmful or to incite harm; (c) promote or propagate hatred”.Section 1 of PEPUDA sets out the prohibited grounds of discrimination as “(a) race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, birth and HIV/AIDS status; or (b) any other ground where discrimination based on that other ground – (i) causes or perpetuates systemic disadvantage; (ii) undermines human dignity; or (iii) adversely affects the equal enjoyment of a person’s rights and freedoms in a serious manner that is comparable to discrimination on a ground in paragraph (a).”,Section 12 of PEPUDA states: “No person may (a) disseminate or broadcast any information; (b) publish or display any advertisement or notice, that could reasonably be construed or reasonably be understood to demonstrate a clear intention to unfairly discriminate against any person; provided that.In response to the Commission’s Equality Court application, Qwelane filed an application in the High Court to have section 10(1), read with the definition and section 12 declared unconstitutional on the grounds that they infringed section 16 of the Constitution.Section 16(1) of the Constitution states that “Everyone has the right to freedom of expression, which includes – (a) freedom of the press and other media; (b) freedom to receive or impart information or ideas; (c) freedom of artistic creativity; and (d) academic freedom and freedom of scientific research”. The commission said Titus died on Friday, after being in a coma since undergoing eye surgery in July.He is survived by his two daughters, Daléne and Neriska, who shared their memories of their dad, praising him for being a devoted family man in addition to living a life worthy of being emulated, describing him as “kind, intelligent and generous”.The commission said his former colleagues “will forever remember him as an empathetic, personable, passionate advocate of human rights, particularly the rights of marginalised people”.“Beyond his work in human rights, Dr Titus is remembered as a historian, linguist and academic, having served as the executive director of culture at the Afrikaans Language and Cultural Association (ATKV) up until May.”.Dad, you were the best of us all.
The Court’s finding that the prohibition of “hurtful” speech in the legislation was unconstitutional ensures that the balance between the rights to dignity and equality and to freedom of expression is protected.Global Perspective demonstrates how the court’s decision was influenced by standards from one or many regions.Case significance refers to how influential the case is and how its significance changes over time.Let us know if you notice errors or if the case analysis needs revision.Gender Expression, Hate Speech, Violence against Speakers / Impunity,Content Regulation / Censorship, Hate Speech, National Security,Columbia University in the City of New York,On a Precipice: Turkey ‘s Unraveling Rule of Law,2018 Justice for Free Expression Conference.Attribute Columbia Global Freedom of Expression as the source.Link to the original URL of the specific case analysis, publication, update, blog or landing page of the down loadable content you are referencing. 2020-05-21 13:08. in News. Said the commission: “The investigation led to the initiation of a fruitful relationship with the SA Police Service and improved training of police officers in managing and regulating gatherings to ensure more peaceful and non-violent protests.”.Titus also led national hearings on access to basic services, land, and the constitutionality of indigenous groups in SA, particularly the Khoisan communities (Khoi, San, Nama, Griqua, Koranna) and he was appointed to the UN Expert Mechanism on the Rights of Indigenous Peoples.