The South African Human Rights Commission released their findings on alleged hate speech by EFF leader Julius Malema and other members of the EFF.
Spokesperson Gail Smith told a media briefing in Johannesburg on Wednesday that there was a widespread misunderstanding in South Africa of what constitutes hate speech.
The Commission said the issue of discrimination on the bases of race is divisive and emotive.
Several complaints against Malema were received and each one was considered in respect of the law.
The Commission found that none of Malema's utterances amounted to hate speech but that it did not help in the quest to create social cohesion.
The SAHRC highlighted some of the utterances for which complaints were received against Malema and dealt with each one by applying the Constitution and the law, which is the only aspects the Commission can rely on.
Malema utterances and findings:
1. Malema calling for the slaughter of white people.
"Although the statement can be construed by a white group as hurtful, the context is important. Mr Malema said white people will not be killed under his leadership".
2. Malema accused Indians of mistreating black people in Kwazulu Natal.
"Objective assessment shows that Mr Malema was calling for the proper treatment of black people by Indians. The statement is not hurtful"
3. Malema singing 'Kiss the Boer'.
"The singing of the struggle song does not constitute hate speech. The song is figurative and political. The song does not call for the killing of Boers".
The SAHRC said spaces must be created for vulnerable groups to air their anger and frustrations over continued lack of resources.
The commission said there are other statements that were uttered by black people that amounted to hate speech, Mr Masuku, Mr Qwelane and Mr Velaphi Khumalo.
https://www.algoafm.co.za/article/domestic/97138/government-employee-who-called-on-whites-to-be-slaughtered-like-jews-found-guilty-of-hate-speech-
The Equality Court agreed with the SAHRC that they amounted to hate speech.
Another case is that against the BLF where the Commission took the matter to court. All cases are taken through the same process.
Section 16 of the Bill of Rights, Chapter Two of the Constitution, is the founding provision for the right to freedom of expression.
The right to freedom of expression is not an absolute right and does not extend to propaganda for war; incitement of imminent violence; or advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.
