Tag: Equality Court
AI-Driven recruitment raises legal and bias concerns
AI-driven recruitment raises critical concerns about bias, fairness and legal accountability in modern hiring practices. There is mounting foreign case law that provides both employers and Artificial Intelligence (AI) developers with significant food for thought.
‘This is hate speech’ – the constitutional court has spoken
The Constitutional Court has handed down judgment in the case of Qwelane v South African Human Rights Commission and Another [2021] ZACC 22. This seminal judgment resolves the long-standing conundrum of: (i) whether or not section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) is constitutional; and (ii) how the provision should be interpreted in the adjudication of hate speech complaints.
Hurtful, offensive and disturbing speech
Unfettered hate speech lends itself to unintended and severe consequences for social cohesion. We all know that hate speech and free speech are entirely different concepts, yet in South Africa what you can and cannot say as a responsible citizen or public figure remains a divisive issue.
