Saturday, 19 March 2022

UPDATE ON THE HATE SPEECH CASE BY THE CHINESE COMMUNITY TAKEN TO THE SOUTH AFRICAN EQUALITY COURT

EVENTS LEADING TO THE HATE SPEECH CASE

1. The Chinese who are part of our South African community suffer racism. During the week of the 29th of January 2017, there was a broadcasting of a documentary about the abuse and inhumane treatment of donkeys and the donkey skin trade in South Africa. Thereafter there was a flood of hate speech by fellow South Africans; full-on verbal assault, demonizing, dehumanizing, propagating hatred including inciting harm against the Chinese as a racial group on Facebook.
2. These racists posts galvanized the Chinese community. On the 18th of February 2017, at a Special General Meeting with community leaders and representatives of over 40 Chinese Associations (representing both new and local Chinese communities), The Chinese Association (“TCA”) was mandated on behalf of the community to take legal action against the offenders.

THE CASE: WORDS MATTER

3. This is a case about words; words can wound people’s rights to dignity and equality, and these words constitute hate speech, harassment and unfair discrimination directed against people of the Chinese race, in contravention of Sections 10, 11 and 7 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (“the Equality Act”).

TIMELINES AND DETAILS OF THE HATE SPEECH CASE      

6. The administrators of the relevant Facebook pages were requested to take down the posts of hundreds of racist comments off their pages, which they duly and promptly complied with. Thereafter, the process involved investigating and locating the contact details of the offenders, ultimately 12 offenders were chosen. In May 2017 papers were served on them.
7. During 2017 there were exchanges of pleadings, legal documents. In early 2018 Nam-Ford applied for a hearing date for the enquiry. Ultimately the enquiry consisted of 13 days spent in Court during 2019. The hearing of evidence was finalized during the last week in December 2019.
8. Subsequently, the parties agreed that the matter would be pended until the outcome of the Judgment in Qwelane v SAHRC which occurred on 30 July 2021 as same would impact on the outcome of the legal action instituted for the Chinese community.

FINAL STAGES OF THE LEGAL PROCEEDINGS

7. Following the Qwelane Constitutional Court Judgment, the final stage of the legal proceedings involved the presentation of the closing arguments by the parties, and this was done on 9 December 2021. This being a summary of the evidence led during the enquiry and also covering the relevant aspect of the Law pertaining to the hate speech case. During this hearing as the respondents did not furnish their written Heads of Arguments (the heads) timeously, the Judge allowed the TCA as the complainant to be given an opportunity during January 2022 to deliver their reply.

“The TCA’s Heads of Argument have been posted on Nam-Ford’s separate Facebook page created for the hate speech case”.  https://www.facebook.com/Nam-Ford-Inc-Hate-Speech-Case-112396557912022

9. Due to unforeseen circumstances, the reply to the heads was served later on 16 March 2022 on the respondents and submitted to the Judge. The application to condone the late service of the said reply which sets out the reasons for the delay was served on the respondents on 17 March 2022.
10. Nam-Ford acting for the Chinese community is pleased to advise that effectively from 18 March 2022, TCA’s side of the case has been finalized. Judgment is now reserved, in that the Judge has to assess the case and deliver his ruling being the outcome of the case. Nam-Ford cannot give specific dates or a timeline when the Judge will give his ruling, Nam-Ford can only from time to time make enquiries.

WHAT THE PUBLIC NEED TO KNOW

11. The history of the Chinese in South Africa and their suffering as well as their experience of discrimination is virtually unknown by fellow South Africans, who need to be educated and to understand that Chinese are part of South Africa, our beloved country and alongside with our fellow South Africans should be treated with equality and dignity.
12. The milestone reached in the Chinese hate speech case as outlined coincides with the “#NoPlace4Racism. Anti-Racism Week 2022, 14 – 21 March; against racism, xenophobia and related intolerances”, racism in any form in respect of any race must be condemned.

Issued by Nam-Ford Inc. Attorneys acting for The Chinese Association (TCA), the complainant