Death Penalty and Freedom of Expression in South Africa

1971 ◽  
Vol 45 (2) ◽  
pp. 214-214
Keyword(s):  
South Africa ◽  
Death Penalty ◽  
Freedom Of Expression

‘Wisselbare Woorde’

2018 ◽  
Author(s):  
Carrol Clarkson
Keyword(s):  
South Africa ◽  
Freedom Of Expression ◽  
The Other ◽  
Frantz Fanon ◽  
Politics Of Representation ◽  
Black Consciousness ◽  
Nadine Gordimer ◽  
Contact Zones ◽  
Critical Problems ◽  
Ethics And Politics

Carrol Clarkson’s chapter wrestles with the contentious question of Coetzee’s relation to the Black Consciousness Movement in South Africa of the 1970s and early 1980s, which took its philosophical bearings from Frantz Fanon and found expression in the writings of Steve Biko. Clarkson focuses on the ways in which Coetzee departed from the ideas about writing and resistance that were circulating in his contemporary South Africa, particularly as articulated by novelist Nadine Gordimer. Clarkson discusses two related literary-critical problems: an ethics and politics of representation, and an ethics and politics of address, showing how Coetzee explores a tension between freedom of expression and responsibility to the other. In the slippage from saying to addressing we are led to further thought about modes and sites of consciousness—and hence accountabilities—in the interlocutory contact zones of the post-colony. The chapter invites a sharper appreciation of what a postcolonial philosophy might be.

scholarly journals God's servant working for your own good: Notes from modern South Africa on Calvin's commentary on Romans 13: 1-7 and the state

1998 ◽  
Vol 54 (1/2) ◽  
Author(s):  
P. J. Strauss
Keyword(s):  
South Africa ◽  
Death Penalty ◽  
Public Life ◽  
The State ◽  
Public Order ◽  
General Interest ◽  
The Government

This article aims at demonstrating that Calvin's grasp of the message of Romans 13 in its reference to the state is highly relevant for the present South Africa. This includes the belief that the authority of rulers is ordained by God, be it that of a just or an unjust government, and that their right to govern should therefore be respected; that government should maintain a public order of justice and peace within which people can serve God in all spheres of life; that state authorities should use the sword and even the death penalty when needed, and not shy away from this God-given responsibility; that a society in which crime threatens to create chaos needs stronger measures of punishment; and that rebellion against the government or disruption of public life should be resorted to only as an ultimate means and when carefully considered as in the general interest.

scholarly journals Dignity, religion and freedom of expression in South Africa

2011 ◽  
Vol 67 (1) ◽  
Author(s):  
Jacobus C.W. Van Rooyen
Keyword(s):  
South Africa ◽  
South African ◽  
Freedom Of Expression ◽  
Sense Of Self ◽  
Point Of View ◽  
National Pride ◽  
Form Part ◽  
Self Worth ◽  
Constitutional Right ◽  
The Republic

The issue that this article dealt with is whether, in South African law, speech that infringes upon the religious feelings of an individual is protected by the dignity clause in the Constitution of the Republic of South Africa. The Constitution, as well as the Broadcasting Code, prohibits language that advocates hatred, inter alia, based on religion and that constitutes incitement to cause harm. Dignity, which is a central Constitutional right, relates to the sense of self worth which a person has. A Court has held that religious feelings, national pride and language do not form part of dignity, for purposes of protection in law. The Broadcasting Complaints Commission has, similarly, decided that a point of view seriously derogatory of ‘Calvinistic people’ blaming (some of) them as being hypocritical and even acting criminally is not protected by dignity. It would have to be accompanied by the advocacy of hatred as defined previously. The author, however, pointed out that on occasion different facts might found a finding in law that religion is so closely connected to dignity, that it will indeed be regarded as part thereof.

scholarly journals OF SEMI-COLONS AND THE INTERPRETATION OF THE HATE SPEECH DEFINITION IN THE EQUALITY ACT South African Human Rights Commission v Qwelane (Freedom of Expression Institute as Amici curiae) and a related matter [2017] 4 All SA 234 (GJ)

Obiter ◽  
2018 ◽  
Vol 39 (2) ◽  
Author(s):  
Joanna Botha
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Eastern Cape ◽  
Threshold Test ◽  
Related Matter ◽  
The Republic

In South African Human Rights Commission v Qwelane (hereinafter “Qwelane”) the constitutionality of the threshold test for the hate speech prohibition in section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (hereinafter the “Equality Act”) was challenged. Although the court had no difficulty in finding that the publication in question fell squarely within the parameters of hate speech, the judgment is both incoherent and flawed. The court’s conjunctive interpretation of the section 10(1) requirements for hate speech also differs from the disjunctive interpretation given to the same provision in Herselman v Geleba (ECD (unreported) 2011-09-01 Case No 231/09 hereinafter “Herselman”) by the Eastern Cape High Court. The consequence is a “fragmented jurisprudence” which impacts on legal certainty, and which is especially dangerous when the legislation in question is critical to the achievement of the constitutional mandate (Daniels v Campbell NO 2004 (5) SA 331 (CC) par 104 hereinafter “Daniels”).This note demonstrates that the Qwelane court misapplied a number of key principles. These include: the court’s mandate in terms of section 39(2) of the Constitution of the Republic of South Africa, 1996 (hereinafter the “Constitution”); the need to strike an appropriate balance between competing rights in the constitutional framework; the importance of definitional certainty for a hate speech threshold test; the meaning to be ascribed to the terms “hate”, “hurt” and “harm” in the context of hate speech legislation; and the role of international law when interpreting legislation intended to give effect to international obligations.The consequence of these errors for hate speech regulation in South Africa is profound.

scholarly journals Death Penalty: A Human Rights Issue for South Africa

2021 ◽  
Author(s):  
Chris Jones
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Death Penalty ◽  
Violent Crime ◽  
The Media ◽  
Rights Issue ◽  
Ordinary Citizens

In South Africa, the death penalty has been repealed just after the arrival of democracy in 1994. At present, due to numerous daily murders, especially farm murders, this issue is being debated once again seriously – by ordinary citizens, politicians, theologians, and others. In the media, in particular, it gets a lot of attention and in view of the extent of violent crime in our country, the reinstatement of the death penalty is again supported by many. The death penalty as such will always be contentious because it is about the reasoned termination of someone’s life – which is a radical act. Between 2009 and 2013 I did research on the death penalty in South African prisons (the first of its kind as far as we could determine), in all 9 our country’s provinces. The content of this study, gathered from 467 convicted murderers, and several other core aspects of why the reinstatement of the death penalty particularly in South Africa, should not be an option, will be discussed with reference to supporting international and authoritative research.

scholarly journals NEW DILEMMAS AND NEW DIRECTIONS IN SOUTH AFRICA AFTER APARTHEID

Afrika Focus ◽  
2019 ◽  
Vol 31 (2) ◽  
Author(s):  
Stefaan Anrys ◽  
David Chan ◽  
Albie Sachs
Keyword(s):  
South Africa ◽  
Death Penalty ◽  
Coming Out ◽  
New South ◽  
Constitutional Court ◽  
The Third ◽  
New Directions ◽  
Freedom Fighters ◽  
Apartheid Regime ◽  
The Many

On 3 October 2016, Sachs, who collects honorary doctorates and other titles as if they were panini stickers, visited Ghent University for the third Mandela Lecture organised by the Africa Platform of the Ghent University Association, and moderated by Prof. Eva Brems. This interview was conducted on that occasion. ‘Since the attempt on my life, I see everything as rose-tinted’, laughs the man who sur- vived an attack, abolished the death penalty and was close to the ANC leadership. ‘If I were to become pessimistic about South Africa, people would really get scared, they’d say: Oh, even Albie doesn’t like it anymore ’(laughs). In 1988 Albie Sachs was viciously attacked, losing his right arm and the sight of one eye. He was living in exile in Mozambique at the time, as South Africa suffered under the Apartheid regime. Sachs was one of the prominent freedom fighters, but survived the assassination attempt and eventually became an important member of the ANC, one of the many authors of the Constitution of the new South Africa. He was also invited by Mandela to sit on the Constitutional Court, which abolished the death penalty and forced Parliament to legalise LGBT marriage. In Ghent, the now 81-year-old freedom fighter nuances the pessimistic news coming out of South Africa. ‘A lot is going wrong in South Africa. But what gives me hope is that people can speak their minds. Our democracy works. Our institutions work, and not just the courts and tribunals. Recently we had elections, and they were free and fair. And yes, the ANC lost the elections. But that is in fact the best evidence that our democracy works.’

Sign in / Sign up

Export Citation Format

Share Document