2024 S10 of pepuda

S10 of pepuda

Author: lxbg

August undefined, 2024

WebApart from expanding the grounds from those listed on the section 16 (2) (c) to those listed in section 9 (3) of the Constitution section 10 of PEPUDA expands the definition of hate … WebAug 3, 2024 · The Equality Court held that the prohibition of hate speech found in section 10 of PEPUDA was capable of being interpreted so as to pass constitutional muster. Moreover, the Equality Court held that Mr Qwelane’s article constituted hate speech that was capable of igniting serious harm against the vulnerable LGBTQI+ community.

FINDINGS OF THE SOUTH AFRICAN HUMAN RIGHTS …

WebJun 3, 2024 · As it currently stands, the Promotion of Equality and Prevention of Unfair Discrimination Act (“ PEPUDA ”, also known as “the Equality Act ”) is already used to target people of faith and conservative values – often with claims of … WebJun 2, 2024 · Equality Act or PEPUDA. In March 2024, the Department of Justice and Constitutional Development (“DOJ“) invited interested parties to comment on a bill aimed at amending the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (hereafter “the Act“; but often colloquially referred to as the “Equality Act” or “PEPUDA“). meaning of suzanna

Pepuda notes for law - Law 171 - UCT - Studocu

WebDec 20, 2024 · By contrast, section 10 (1) of PEPUDA, extends those grounds to include all of the categories set out under prohibited grounds in section 1 of the definition, being race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, birth and HIV/AIDS … Weballeged that the article was in contravention of s 10(1) of PEPUDA – the provision prohibiting hate speech. In response thereto, both Media24 and Mr Qwelane launched an application … WebA litigant is therefore free to challenge the constitutionality of section 10, read with section 12, of PEPUDA, by arguing that the limitation of the right to freedom of expression imposed by ... meaning of suzhal

Jon Qwelane: Section 10 of PEPUDA goes beyond ... - POLITICS

WebThe Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 intends: to give effect to section 9 read with item 23(1) of Schedule 6 to the Constitution of the Republic of South Africa, 1996, so as: WebThe provisions of s 10(1) of PEPUDA are opaque and as best as can be discerned, travel far beyond the reach of the prohibition in s 16 of the Constitution. The court now turned to consider whether, on an examination of comparable constitutional regimes, limitations that are akin to or come close to the provisions of s 10 of PEPUDA can be found ... meaning of suzyWebDec 7, 2024 · As such, the court found s10 of the PEPUDA to be inconsistent with the provisions of section 16 of the Constitution, and therefore invalid. QwelaneIn The … meaning of suzerain

"Web2 days ago · One of the purposes of Pepuda is “to prevent and prohibit hate speech”. The liability for harmful or hateful speech in terms of Pepuda is civil, not criminal. Pepuda allows hate speech to be ... " - S10 of pepuda

S10 of pepuda

(PDF) Demistifying Hate Speech under the PEPUDA - ResearchGate

WebSection 10 of PEPUDA therefore differs from section 16(2) in various respects: 3.2.1. First, section 10 constitutes a prohibition of hate speech whereas section 16(2) of the Constitution merely excludes hate speech from the ambit of the right to freedom of expression. 3.2.2. Second, the constitutional exclusion is limited to the grounds of race ... WebThis brings its use clearly within the ambit of s10 of PEPUDA… The duty to eradicate racism and its tendencies has become all the more apparent, essential and urgent now. For this reason, nothing that threatens to take us back to our racial past should be glossed over, accommodated or excused…

Did you know?

http://www.saflii.org/za/cases/ZASCA/2024/167.pdf WebHowever, section 10 (1) of the PEPUDA appears to cover utterances made in private also.International law requires fair and equitable reporting of hate speech incidents. The tenderer shall submit detailed drawings or illustrations of all equipment offered.

WebSection 10(1) of the PEPUDA, which regulated hate speech, read: Subject to the proviso in section 12,34no person may publish, propagate, advocate or communicate words based … WebJun 4, 2024 · s 10 of th e PEPUDA incon sistent with s 16 of the Constitution (the right to f reedom . of expression). Section 10 of the PEPUD A was therefore declared unconstitutional. and invalid.

WebThe Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 ( PEPUDA or the Equality Act, Act No. 4 of 2000) is a comprehensive South African anti-discrimination law. It prohibits unfair discrimination by the government and by private organisations and individuals and forbids hate speech and harassment. WebPEPUDA was enacted in order to give effect to section 9 (4) of the Constitution which states that “no person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3). National legislation must be enacted to prevent or prohibit unfair discrimination”. Section 9 (4) promotes a ...

WebJun 4, 2024 · the wording of s 10 to read as follows: "No person may advocate hatred that is based on race, ethnicity, gender, religion or sexual orie ntation and that constitutes …

WebFeb 1, 2024 · S10 of PEPUDA in essence states that no person may communicate words based on one or more of the prohibited grounds, against any person, that could reasonably be understood to demonstrate a clear intention to be hurtful, be harmful or to incite harm, or promote or propagate hatred. pediatric lpn wages in arizonaWebSep 22, 2024 · Section 10 (1) of PEPUDA (titled “Prohibition of hate speech”) states that: “Subject to the proviso in section 12, no person may publish, propagate, advocate or … meaning of suzeraintyWebDec 3, 2024 · (a) Section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) is declared to be inconsistent with the provisions … meaning of svahaWebJun 12, 2024 · constituted hate speech in terms of s10 of PEPUDA and that this hate speech violated Constable Mkhondo’s constitutional rights to human dignity and equality, causing him emotional suffering. Pursuant to these declarations further relief was also sought in the form of an unconditional written apology, together with an order requiring Ms Momberg pediatric lung and allergy center fairfaxWebSouth Africa’s Constitutional Court has not yet provided a definitive interpretation of the hate speech provisions in the Promotion of Equality and Prevention of Unfair Discrimination … pediatric lung center northern virginiaWebrelated ground according to PEPUDA ’ s definitions in s1 6; secondly, determination of its unfairness based on s14’ s factors, once a prima facie case of discrimination is shown. 7 8 S1 defines discrimination as any act or omission, directly or indirectly imposing burdens, pediatric lower extremity functional scaleWebAug 4, 2024 · Recall that, in its original form, section 10(1) of Pepuda prohibited any person from publishing, propagating, advocating or communicating words that are based on prohibited grounds like race, sex, gender and sexual orientation, religion, belief and disability, against any other person, where the words could “reasonably be construed to ... meaning of suzuki