Qwelane v SAHRC and Others (686/2018) [2019] ZASCA 167 (29 November 2019)

Jurisdiction
South Africa
Citation
Qwelane v SAHRC and Others (686/2018) [2019] ZASCA 167 (29 November 2019)
Media Neutral Citation
[2019] ZASCA 167
Hearing date
19 August 2019
Court
Supreme Court of Appeal of South Africa
Case number
686/2018
Judges
Navsa JA, Van der Merwe JA, Wallis JA, Dambuza JA, Dolamo AJA
Judgment date
29 November 2019
Language
English
Type
Judgment
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Constitutional validity of s 10 of the Promotion of Equality and Prevention of
Unfair Discrimination Act 4 of 2000 – overbreadth and vagueness – freedom of
expression and regulation of hate speech.

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Cited documents 19

Judgment 17
  1. De Lange v Presiding Bishop of the Methodist Church of Southern Africa for the time being and Another [2015] ZACC 35 (24 November 2015)
  2. Gory v Kolver NO and Others [2006] ZACC 20 (23 November 2006)
  3. Islamic Unity Convention v Independent Broadcasting Authority and Others [2002] ZACC 3 (11 April 2002)
  4. Laugh It Off Promotions CC v South African Breweries International (Finance) BV t/a Sabmark International and Another [2005] ZACC 7 (27 May 2005)
  5. Manong &Associates (Pty) Ltd v Department of Roads &Transport, Eastern Cape Province and Another (331/2008) [2009] ZASCA 59 (29 May 2009)
  6. Manong and Associates (Pty) Ltd v Eastern Cape Department of Roads and Transport &Others (369/2008) [2009] ZASCA 50 (25 May 2009)
  7. Mazibuko and Others v City of Johannesburg and Others [2009] ZACC 28 (8 October 2009)
  8. Minister of Environmental Affairs and Tourism v George and Others [2006] ZASCA 57 (18 May 2006)
  9. Minister of Justice and Constitutional Development and Others v Prince; National Director of Public Prosecutions and Others v Rubin; National Director of Public Prosecutions and Others v Acton and Others [2018] ZACC 30 (18 September 2018)
  10. Moyo and Another v Minister of Police and Others (Right2Know Campaign as Amicus Curiae); Sonti and Another v Minister of Police and Others [2019] ZACC 40 (22 October 2019)
  11. Mwelase and Others v Director- General for the Department of Rural Development and Land Reform and Another [2019] ZACC 30 (20 August 2019)
  12. Phaahla v Minister of Justice and Correctional Services Another (Tlhakanye Intervening) [2019] ZACC 18 (3 May 2019)
  13. Phillips and Another v Director of Public Prosecutions and Others [2003] ZACC 1 (11 March 2003)
  14. Savoi and Others v National Director of Public Prosecutions and Another [2014] ZACC 5 (20 March 2014)
  15. South African Human Rights Commission v Khumalo (EQ 1/2018; EQ 6/2016) [2018] ZAGPJHC 528 (5 October 2018)
  16. South African Liquor Traders Association and Others v Chairperson Gauteng Liquor Board and Others [2006] ZACC 7 (2 June 2006)
  17. Zondi v MEC for Traditional and Local Government Affairs [2004] ZACC 19 (15 October 2004)
Legislation 2
  1. Promotion of Equality and Prevention of Unfair Discrimination Act, 2000
  2. Protection from Harassment Act, 2011

Documents citing this one 2

Judgment 2
  1. Qwelane v South African Human Rights Commission and Another [2021] ZACC 22 (30 July 2021)
  2. Solidarity and Another v Black First Land First and Others (163/2020) [2021] ZASCA 26 (24 March 2021)