Abstract

GELDENHUYS, J  and  KELLY-LOUW, M. Jurisdictional and Procedural Technicalities in Hate Speech Cases: South African Human Rights Commission v Khumalo 2019 1 SA 289 (GJ). PER [online]. 2020, vol.23, n.1, pp.1-33. ISSN 1727-3781.  http://dx.doi.org/10.17159/1727-3781/2020/v23i0a7145.

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.

Keywords : Concurrent jurisdiction; geographical jurisdiction; jurisdictional facts; locus standi; hate speech; racial slurs; racism; unfair discrimination.

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