South African Human Rights Commission V Masuku
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South African Human Rights Commission V Masuku
''South African Human Rights Commission obo South African Jewish Board of Deputies v Masuku and Another'' is a 2022 decision of the Constitutional Court of South Africa on the statutory definition of hate speech. The court held that criticism of Israel and anti-Zionism may amount to anti-semitic hate speech but, in other contexts, may be distinguishable from the same. Its judgment, written by Justice Sisi Khampepe, was handed down unanimously on 28 June 2022. The case arose from litigation brought by the South African Human Rights Commission in the Equality Court, which had found Bongani Masuku of the Congress of South African Trade Unions guilty of hate speech against Jewish people. Masuku's statements, made in 2009 in the context of the Gaza War, had ostensibly been directed at supporters of Israeli occupation of Palestine. On appeal, the Constitutional Court found that only one of the four impugned statements amounted to hate speech under the Promotion of Equality and Prev ...
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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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Criticism Of Israel
Criticism of the Israeli government, often referred to simply as criticism of Israel, is a subject of journalistic and scholarly commentary and research within the scope of international relations theory, expressed in terms of political science. Within the scope of global aspirations for a community of nations, Israel has faced international criticism since its declaration of independence in 1948 relating to a variety of topics, both historical and contemporary. The government of Israel has been criticized for issues regarding Israeli settlements in the Palestinian territories, its treatment of Palestinians, the conduct of the Israeli Defense Forces in the Arab-Israeli conflict, and the blockade of the Gaza Strip, with its impact on the economy of the Palestinian territories, the country's nuclear weapons program, and its targeted killings program. Other criticized long-standing issues include: the refusal to allow post-war Palestinian refugees to return to their homes, and ...
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Palestine (region)
Palestine ( el, Παλαιστίνη, ; la, Palaestina; ar, فلسطين, , , ; he, פלשתינה, ) is a geographic region in Western Asia. It is usually considered to include Israel and the State of Palestine (i.e. West Bank and Gaza Strip), though some definitions also include part of northwestern Jordan. The first written records to attest the name of the region were those of the Twentieth dynasty of Egypt, which used the term "Peleset" in reference to the neighboring people or land. In the 8th century, Assyrian inscriptions refer to the region of "Palashtu" or "Pilistu". In the Hellenistic period, these names were carried over into Greek, appearing in the Histories of Herodotus in the more recognizable form of "Palaistine". The Roman Empire initially used other terms for the region, such as Judaea, but renamed the region Syria Palaestina after the Bar Kokhba revolt. During the Byzantine period, the region was split into the provinces of Palaestina Prima, Palaestin ...
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Israeli–Palestinian Conflict
The Israeli–Palestinian conflict is one of the world's most enduring conflicts, beginning in the mid-20th century. Various attempts have been made to resolve the conflict as part of the Israeli–Palestinian peace process, alongside other efforts to resolve the broader Arab–Israeli conflict. Public declarations of claims to a Jewish homeland in Palestine, including the First Zionist Congress of 1897 and the Balfour Declaration of 1917, created early tensions in the region. Following World War I, the Mandate for Palestine included a binding obligation for the "establishment in Palestine of a national home for the Jewish people". Tensions grew into open sectarian conflict between Jews and Arabs. The 1947 United Nations Partition Plan for Palestine was never implemented and provoked the 1947–1949 Palestine War. The current Israeli-Palestinian status quo began following Israeli military occupation of the Palestinian territories in the 1967 Six-Day War. Progress was made ...
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Judicial Service Commission (South Africa)
The Judicial Service Commission is a body specially constituted by the South African Constitution to recommend persons for appointment to the judiciary of South Africa. History In apartheid South Africa, judges were appointed by the President, usually on the direction of the Minister of Justice, and behind closed doors. During the constitutional negotiations, it was decided that the President's power should be moderated by a special body relatively insulated from partisan interests. It was to be composed of a number of politicians, from both the ruling party and the opposition, and non-politicians, and would conduct public interviews. The Judicial Service Commission (JSC) was therefore created by the Interim Constitution. The JSC is now regulated by section 178 of the final Constitution (and by the Judicial Service Commission Act 9 of 1994). Composition In terms of section 178(1) of the Constitution, the JSC is usually composed of 25 members. This membership is divided more or ...
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State Of Israel
Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated on the southeastern shore of the Mediterranean Sea and the northern shore of the Red Sea, and shares borders with Lebanon to the north, Syria to the northeast, Jordan to the east, and Egypt to the southwest. Israel also is bordered by the Palestinian territories of the West Bank and the Gaza Strip to the east and west, respectively. Tel Aviv is the economic and technological center of the country, while its seat of government is in its proclaimed capital of Jerusalem, although Israeli sovereignty over East Jerusalem is unrecognized internationally. The land held by present-day Israel witnessed some of the earliest human occupations outside Africa and was among the earliest known sites of agriculture. It was inhabited by the Canaanites ...
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Mogoeng Mogoeng
Mogoeng Thomas Reetsang Mogoeng (born 14 January 1961) is a South African jurist who served as the Chief Justice of South Africa from 8 September 2011 until his retirement on 11 October 2021. Early life Mogoeng was born on 14 January 1961 in Goo-Mokgatha (Koffiekraal) village near Zeerust in the North West Province. His father was a miner and his mother a domestic worker. Mogoeng became politically active at high school, from which he was briefly suspended for organising a memorial to the victims of the Soweto uprising. Mogoeng received a B.Juris in 1983 from the University of Zululand and a Bachelor of Laws in 1985 from the University of Natal. There he had been active in the Azanian Students' Movement during a time of grave repression by the SADF. From 1985 he worked for the government of Bophuthatswana as a High Court prosecutor in Mahikeng; though working for a bantustan was stigmatised, Mogoeng was obliged to do so for five years to repay his government bursary. He ob ...
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Israeli Occupation Of Palestine
Israeli-occupied territories are the lands that were captured and occupied by Israel during the Six-Day War of 1967. While the term is currently applied to the Palestinian territories and the Golan Heights, it has also been used to refer to areas that were formerly occupied by Israel, namely the Sinai Peninsula and southern Lebanon. Prior to Israel's victory in the Six-Day War, governance of the Palestinian territories was split between Egypt and Jordan, with the former having occupied the Gaza Strip and the latter having annexed the West Bank; the Sinai Peninsula and the Golan Heights were under the sovereignty of Egypt and Syria, respectively. The first conjoined usage of the terms "occupied" and "territories" with regard to Israel was in United Nations Security Council Resolution 242, which was drafted in the aftermath of the Six-Day War and called for: "the establishment of a just and lasting peace in the Middle East" to be achieved by "the application of both the follow ...
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Gaza War (2008–2009)
The Gaza War, also known as Operation Cast Lead ( he, מִבְצָע עוֹפֶרֶת יְצוּקָה), also known in the Muslim world as the Gaza Massacre (), and referred to as the Battle of al-Furqan () by Hamas, Secondary source, Abdul-Hameed al-Kayyali, ''Studies on the Israeli Aggression on Gaza Strip: Cast Lead Operation / Al-Furqan Battle'', 2009 was a three-week armed conflict between Gaza Strip Palestinian paramilitary groups and the Israel Defense Forces (IDF) that began on 27 December 2008 and ended on 18 January 2009 with a unilateral ceasefire. The conflict resulted in between 1,166 and 1,417 Palestinian and 13 Israeli deaths (including 4 from friendly fire). The Israeli government's stated goal was to stop indiscriminate Palestinian rocket fire into Israel and weapons smuggling into the Gaza strip. Hamas stated its rocket fire, which resumed in November 2008, was in response to an Israeli raid of a tunnel leading from Gaza, which it characterized as a ceasefi ...
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Jews In South Africa
The history of the Jews in South Africa began during the period of Portuguese exploration in the early modern era, though a permanent presence was not established until the beginning of Dutch colonisation in the region. During the period of British colonial rule in the 19th century, the Jewish South African community expanded greatly, in part thanks to encouragement from Britain. From 1880 to 1914, the Jewish population in South Africa grew from 4,000 to over 40,000. South African Jews have played an important role in promoting diplomatic and military relations between Israel and South Africa. South Africa's Jewish community has reportedly declined from a possible peak of 120,000 to now between 52,000 and 88,000. Many South African Jews have emigrated to countries in the English-speaking world, such as the United States, Canada, the United Kingdom and Australia, as well as some emigrating to Israel. History Portuguese exploration The first Jews involved in the history of ...
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Congress Of South African Trade Unions
The Congress of South African Trade Unions (COSATU) is a trade union A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ... federation in South Africa. It was founded in 1985 and is the largest of the country's three main trade union federations, with 21 affiliated trade unions.One Union expelled, and seven Unions voluntarily suspended their participation in COSATU History On 30 Nov 1985, 33 unions met at the University of Natal for talks on forming a federation of trade unions. This followed four years of unity talks between competing unions and federations that were opposed to apartheid and were "committed to a non-racial, non-sexist and democratic South Africa." COSATU was officially established on 1 December 1985. Among the founding unions were the affiliates of the Federation o ...
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South African Human Rights Commission
The South African Human Rights Commission (SAHRC) was inaugurated in October 1995 as an independent chapter nine institution. It draws its mandate from the South African Constitution by way of the Human Rights Commission Act of 1994. Commissioners A seven-year term is given to appointees. 2009/2010 Seven commissioners were appointed for a seven-year term in 2009/2010, namely Adv Lawrence Mushwana, Dr Pregaluxmi Govender, Ms Lindiwe Mokate, Adv Bokankatla Malatji, Adv Loyiso Mpumlwana, Ms Janet Love (part-time) and Dr Danfred Titus (part-time). Mushwana, who was previously the Public Protector, was elected Chairperson and Govender was elected Deputy Chairperson in October 2009. In July 2010, the National Assembly's justice committee decided unanimously that Mpumlwana's failure to disclose a civil judgement against him during the nomination process meant that he was not fit and proper to serve on the SAHRC. In February 2014, Advocate Mohamed Shafie Ameermia was appointed commis ...
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