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Sonke Gender Justice Network v Malema

15th March 2010

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...Albeit that everyone in our democratic state have the right to freedom of expression, such right in terms of our Constitution can be limited if such expression advocates a hatred based on gender and constitutes an incitement to cause harm. The Court is of the opinion, the Respondent through his utterances, has infringed on the rights of women to have their dignity respected and protected.


Findings:
The utterances complained of as formulated in Form 2 Annexure B amount to hate speech and harassment.
The Respondent is oreder to issue a public apology within two weeks from the date of this judgment in the form of a press release.
The Respondent is further ordered to pay People Opposed to Women Abuse (POWA) an amount of R50 000 within one month of the date of this judgment.

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