Jurisdictional and procedural technicalities in hate speech cases: South African Human Rights Commission v Khumalo 2019 1 SA 289 (GJ)

Abstract

The jurisdiction or competence of the Equality Court to hear a dispute concerning alleged hate speech is affected by various jurisdictional factors. The decision in South African Human Rights Commission v Khumalo 2019 1 All SA 254 (GJ) reveals several shortcomings in the provisions regulating jurisdiction in the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 which must be attended to in order to provide clarity and legitimacy in regard to the application of the protection against hate speech.