Former judge slams hate speech bill as unlawful

Former Judge Rex van Schalkwyk has slammed the Prevention and Combating of Hate Crimes and Hate Speech Bill‚ calling it a violation of the rule of law.

In a dialogue held by the Free Market Foundation in Bryanston‚ Van Schalkwyk said Penny Sparrow had proven to be a "Godsend" for the ANC.

"What was she in reality? She was a foolish person‚ who made a foolish comment. But did anything that she said actually justify the massive reaction that occurred throughout the country as a result of that foolish comment on that foolish occasion?"

Radio and television personality Gareth Cliff‚ who attended the dialogue‚ agreed with Van Schalkwyk.

In a question-and-answer session‚ Cliff said that according to research‚ racism is not as much of a problem as the politicians want us believe.

Also commenting on the Penny Sparrow furore‚ Cliff asked why the public took the words of "a foolish woman" so seriously compared to the utterances of an established politician like EFF leader‚ Julius Malema.

"Are her white words somehow more powerful than his black words? And if this is the case‚ then it shows how damaging this might have been and the problem lies with all of us‚" he said.

Although billed as a dialogue‚ none of those present at the event presented an alternative view.

The bill has been criticised by religious leaders and social commentators who say it will criminalise free speech.

Government has‚ however‚ defended the draft law‚ saying it is meant to protect citizens from verbal and physical attacks.

The bill proposes a jail term of up to three years for some offenses‚ and says that violent attacks motivated by hate should get harsher sentences.

However Van Schalkwyk told the meeting there were more pressing issues government could be dealing with.

"The bill was constructed around racialism. But what does the law say on the lawfulness of the provision of the hate speech bill?

"The bill must withstand scrutiny under the Constitution and the rule of law‚ which demands that all laws must pass the test of lawfulness. No other country in the world goes to such length in its regulation of speech‚" he said.

Van Schalkwyk served as a judge on the Supreme Court of South Africa between 1988 and 1996.

- TMG Digital