Hate Speech Bill violates rule of law – judge

Former Judge Rex van Schalkwyk says the Prevention and Combating of Hate Crimes and Hate Speech Bill is a violation of the rule of law. In a dialogue held by the Free Market Foundation in Bryanston‚ Van Schalkwyk said Penny Sparrow had proven to be a ‘Godsend’ for the ANC, notes a TimesLIVE report. ‘What was she in reality? She was a foolish person‚ who made a foolish comment. But did anything that she said actually justify the massive reaction that occurred throughout the country as a result of that foolish comment on that foolish occasion?’ Van Schalkwyk told the meeting there were more pressing issues government could be dealing with. ‘The Bill was constructed around racialism. But what does the law say on the lawfulness of the provisions of the hate speech Bill? ‘The Bill must withstand scrutiny under the Constitution and the rule of law‚ which demands that all laws must pass the test of lawfulness. No other country in the world goes to such length in its regulation of speech‚’ he said. Van Schalkwyk served as a judge on the Supreme Court of Appeal between 1988 and 1996.

– TimesLIVE