ADL2601
ASSIGNMENT 1 SEMESTER 1 2022
UNIQUE NUMBER: 761262
SET OF FACTS
The Hate Speech Act 71 of 2008 (the “Act”) gives the Minister of National
Integration Reconciliation and Official Languages (the “Minister”) the power to
ban for a period of up to (5) five years any individual, club, society, or other
organisation that is associated with racism or has racist sympathies.
Section 9 of the Act creates and empowers the Racism Commission of South
Africa (“RCSA”) to undertake an investigation into the activities of any
organisation and to make a report to the Minister. The Minister then has the
discretion to adopt or reject the recommendation in issuing a banning order. It
is important to note that the Act does not permit any reviews or appeals and
does not provide a duty for the Minister to give reasons for any banning orders
issued.
Your client, Mr Jack Sparrow (a South African citizen), has notoriously stated
that colonisation has been a blessing to Africa and its benefits are still being
realised. This starts a series of protests on social media and he’s actions are
condemned by all political parties throughout the country. A week ago, he
received a banning order in terms of the Act. The RCSA submitted a report to
the Minister recommending that he be banned from the Republic, or otherwise
deported from South Africa for a year to Mozambique.
ASSIGNMENT 1 SEMESTER 1 2022
UNIQUE NUMBER: 761262
SET OF FACTS
The Hate Speech Act 71 of 2008 (the “Act”) gives the Minister of National
Integration Reconciliation and Official Languages (the “Minister”) the power to
ban for a period of up to (5) five years any individual, club, society, or other
organisation that is associated with racism or has racist sympathies.
Section 9 of the Act creates and empowers the Racism Commission of South
Africa (“RCSA”) to undertake an investigation into the activities of any
organisation and to make a report to the Minister. The Minister then has the
discretion to adopt or reject the recommendation in issuing a banning order. It
is important to note that the Act does not permit any reviews or appeals and
does not provide a duty for the Minister to give reasons for any banning orders
issued.
Your client, Mr Jack Sparrow (a South African citizen), has notoriously stated
that colonisation has been a blessing to Africa and its benefits are still being
realised. This starts a series of protests on social media and he’s actions are
condemned by all political parties throughout the country. A week ago, he
received a banning order in terms of the Act. The RCSA submitted a report to
the Minister recommending that he be banned from the Republic, or otherwise
deported from South Africa for a year to Mozambique.
