Hate speech in context: Commentary on the judgments of the Equality Court and the Supreme Court of Appeal in the Masuku dispute

Abstract

This contribution examines the judgment of the Equality Court in SAHRC obo South African Jewish Board of Deputies v Masuku1 and subsequent appellate proceedings in the Supreme Court of Appeal.2 Before this task can be undertaken, it is necessary to provide some context to the constitutional right to freedom of expression in South African law.