TAU SA's legal arguments in the hate speech case against Julius Malema
TAU SA's legal team hereby wants to clear any misinterpretations on its arguments in the trail of Mr Malema, and hereby present its legal arguments as it have been stated in the opening arguments of adv. Roelof du Plessis SC:
1. The Constitution provides for freedom of expression, however, this right, incitement of imminent violence, and/or advocacy of hatred based on race, ethnicity, gender or religion that constitutes incitement to cause harm.
2. The Constitution defines boundaries beyond which fundamental rights do not extend. In accordance with that hate speech is not afforded Constitutional protection.
3. Utterances such as those of Malema cause emotional damage and have grave psychological and social consequences such as humiliation, degradation, attacking self-worth and impairment of dignity.
4. The promotion of equality legislation in South Africa prohibits the publication, propagation and advocacy of words against any person that can be construed to demonstrate a clear intention to be hurtful, be harmful or to incite harm, promote or propagate hatred. Such prohibited grounds for hate speech are inclusive of language, culture and sexual orientation or birth.