Hate speech bill violates rule of law – ex-judge

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 proved a godsend for the ANC.

“What was she in reality? She was a foolish person‚ who made a foolish comment.

“But did anything she said justify the massive reaction [across] 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 politicians want us believe.

Cliff asked why the public took the words of “a foolish woman” [Sparrow] so seriously compared with 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‚ 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.

The 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 offences.

But Van Schalkwyk said there were more pressing issues the government could be dealing with. – TMG Digital