Tag: South African Human Rights Commission (SAHRC)
Are unemployed South Africans the victims of unfair labour laws?
If jobseekers in South Africa currently had the right to freely enter voluntary contracts with employers at wages and on conditions acceptable to both parties, the country would not have mass unemployment. Figures recently released by Statistics SA confirm the statement by the International Labour Organisation (ILO) that at 29.8 percent South Africa had the highest unemployment rate in the world. At 4.9 percent the USA had the lowest rate.
‘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.
Does the Minister of Labour and Employment mean what he said?
We have been consistent in saying that labour laws and the National Minimum Wage (NMW) are not benefitting the unemployed. In fact, they do the exact opposite. Parliament, as the institution that makes the laws, is failing the unemployed as it is the responsible body that brings out laws and regulations that cause an increase in unemployment.
Political freedom in the age of COVID-19 pandemic
It is no secret that government leaders have access to increased power in light of COVID-19. Constitutional institutions such as parliament, which are supposed to provide oversight, have taken a backseat. The pandemic is unprecedented as it is not only a health issue, but also a socioeconomic and security threat. But at what cost does ‘securing the threat’ come?
Rule of Law Project in court to protect free expression, equality...
Legislation which governs hate speech must be interpreted in line with the constitutional right to freedom of expression, and anyone who is accused, or who accuses others, of hate speech, must be treated equally without regard to their inborn characteristics.
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.
