Qwelane V South African Human Rights Commission
''Qwelane v South African Human Rights Commission and Another'' is a 2021 decision of the Constitutional Court of South Africa on the South African constitutional law, constitutionality of a statutory prohibition on hate speech. The court found that section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000, Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 was unconstitutional insofar as it included the vague term "hurtful" as part of the definition of prohibited hate speech. The matter was heard on 22 December 2020 and decided on 30 July 2021 in a unanimous decision written by Justice Steven Majiedt. It arose from an application for confirmation of an order of constitutional invalidity granted by the Supreme Court of Appeal (South Africa), Supreme Court of Appeal in 2019 on appeal from the High Court of South Africa, High Court and Equality Court, where the South African Human Rights Commission had charged journal ...
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Constitutional Court Of South Africa
The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the South African Interim Constitution, Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of South Africa, Constitution of 1996. The Court sits in the city of Johannesburg. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill, Johannesburg, Constitution Hill. The first court session in the new complex was held in February 2004. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution of South Africa, Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear ...
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