This matter concerns the careful balancing of the rights to free expression, dignity and equality in the context of hate speech legislation. In particular, this
Court is called upon to interpret the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (“the Equality Act”) in a manner that appropriately balances and best protects and promotes these rights. Media Monitoring Africa (“MMA”), an organisation which advocates for freedom of expression and supports the responsible free flow of information to the public
on matters of public interest, has been admitted as an amicus curiae in this matter. MMA participates in these proceedings in an effort to assist the court in interpreting section 1 0( 1) of the Equality Act in a constitutionally compliant manner. Mindful of its role as an amicus, MMA does not enter the fray on the application of the Equality Act to the facts of this particular case.