Masuku & Another v South African Human Rights Commission

Mr Bongani Masuku, a trade unionist associated with COSATU, made a series of public statements online and at a gathering at Wits University during December 2008 and January 2009. These statements were made in the context of global reaction to military operations by the State of Israel against Hamas in Gaza. The statements used strong and provocative language directed at 'Zionists' and warned that South African families whose children joined the Israeli Defence Force should not blame others if harm befell them. The South African Human Rights Commission (SAHRC) brought proceedings in the Equality Court, which found that the statements constituted hate speech and ordered Mr Masuku to apologise to the Jewish community. Mr Masuku and COSATU appealed to the Supreme Court of Appeal.

The appeal was upheld and the order of the Equality Court declaring the statements to be hate speech and directing Mr Masuku to apologise to the Jewish community was set aside.

The case is significant for clarifying the constitutional limits of hate speech in South Africa and reaffirming strong protection for political expression, even when such expression is offensive or disturbing. It underscores the importance of contextual interpretation of speech and limits the scope of hate speech findings under equality legislation and section 16(2) of the Constitution.