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THE DANGERS OF USING CRIMINAL SANCTIONS TO LIMIT FREEDOM OF EXPRESSION AND TO ENFORCE SOCIAL COHESION

On 15 November 2023, Parliament’s second house of Parliament – the National Council of Provinces (NCOP) – passed the Prevention and Combating of Hate Crimes and Hate Speech Bill despite countless submissions from various stakeholders opposing the Bill’s clear curtailment of the constitutionally-entrenched right to freedom of expression. The Bill will now go to the National Assembly for concurrence.

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FREEDOM OF EXPRESSION IS SACROSANCT

The FW de Klerk Foundation discusses the pro-Palestine group’s disruption of a peace prayer gathering on November 12 at Sea Point promenade was unjustified and a clear violation of the prayer group’s constitutional rights to free speech and peaceful demonstration.

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THE FW DE KLERK FOUNDATION 2023 REPORT CARD ON CULTURAL, RELIGIOUS AND LANGUAGE RIGHTS

On 15 September, the FW de Klerk Foundation made a written submission to the National Council of Provinces on the National Health Insurance Bill. The Foundation analysed key failures of the NHI Bill with specific reference to the constitutional principle of the Rule of Law and rationality, the feasibility of the proposed system and governance concerns, coupled with the unfettered power of the Minister of Health (“the Minister”).

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