SAHRC denies appeal: hate speech against Witches not within its jurisdiction
“Complaint falls outside the SAHRC’s jurisdiction.”
The South African Human Rights Commission (SAHRC) has denied *SAPRA’s appeal against its decision to refer a complaint lodged with the SAHRC, against the Traditional Healers Organization national coordinator for hate speech, to the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRLC), and the South African Law Reform Commission (SALRC), because “…the complaint falls outside the SAHRC’s jurisdiction.”
The South African Human Rights Commission (SAHRC) was established according to Chapter 9 of the 1996 Constitution as an independent and impartial institution to promote respect for human rights and a culture of human rights. The SAHRC derives additional legal mandate from the Human Rights Commission Act 54 of 1994; the Promotion of Access to Information (PAIA) Act 2 of 2000; and most importantly, the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000. Chapter 2, section 10 of the latter Act specifically prohibits hate speech.
Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
Prohibition of hate speech
10. (1) Subject to the proviso in section 12. no person may publish, propagate,
advocate or communicate words based on one or 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.
The SAHRC is effectively saying that hate speech against Witches in this country does not fall within its constitutional mandate.
SAPRA notes that neither the CRL Commission nor the SALRC are functionally constituted or mandated to handle public complaints of hate speech such as this one. The SAHRC knows this!
* With reference to: SAHRC passes buck on hate speech against minority | South African Pagan Rights Alliance.