The seminar took place on Tuesday at the IAJ’s premises in Richmond, Johannesburg.

The panel included Wits Professor of law Cathi Albertyn, director of the SA Human Rights Commission Lindiwe Khumalo, Afro-Middle East Centre director Na’eem Jeenah, SA Press Council director Joe Thloloe, senior researcher at the Freedom of Expression Institute Zororo Mavindidze and political analyst Aubrey Matshiqi.

The debate raised by the panellists highlighted the conundrum between one’s right to freedom of expression and the limitation on this expression as enshrined in section 16 and section 10 of the South African Constitution. Also pertinent to the discussion was the issue of how freedom of expression could result in hate speech with regards to racism and issues of censorship around freedom of expression.

In light of the issue of racism, which was the core focus of the discussion, panellists highlighted the systematic nature of racism and unanimously argued that racism is intersectional and that an institutionalised system entrenched in the economic and education systems, culture, religion and language.

Professor of law at Wits University Cathi Daniels said: “Racist speech comes from systematic inequality and is entrenched in economic, political and social systems in the country. So criminalising racism would not be the way to go.”

While discussing the negative effects of racism and admitting to the minority of his views, senior researcher at the Freedom of Expression Institute Zororo Mavindidze defended the right to offend by saying: “The right to offend is necessary to maintain our democracy. The right to offend is necessary to encourage debate and to strengthen our democracy.”

The IAJ, again in partnership with the Ahmed Kathrada Foundation, will be hosting the Reporting Race conference on October 18 and, 19 which will facilitate more in-depth discussions about racism and freedom of expression.

Source: Rand Daily Mail