Episode 36 - SO MUCH HATRED: CAN THE LAW HELP US?

There is a lot of hatred in South Africa. What does the law say
about hate speech? Should all speech be allowed and 'the
marketplace of ideas' be burdened with eliminating hate speech?
Or should the courts be available for us to seek relief when we
are the victims of hate speech? What does the constitution say by
the way?


Would it help the fight against crimes motivated by hatred of
someone's group identity if we have hate crimes as a special
category of crimes on our statute books? Or is there a different
way the law can punish crimes motivated by certain kinds of
hatred without creating new crime categories?


What, beyond these legal questions, are the limitations of using
the law to deal with hatred? Shouldn't we be using social,
ethical and other responses and tools to address and eliminate
hatred in society?


My guest for this fascinating, complex, and necessary
conversation about hatred and the law is Advocate Ben
Winks. 

Sit back. Enjoy. Reflect. Engage. And share the episode to spark
many conversations.