Mark Oppenheimer on equality, discrimination and free speech

Why is free speech an important value in a democratic society and what are the threats facing freedom of expression in South Africa? How do we balance free speech against other constitutional values, such as dignity and equality?  

In this episode of 'Solutions With David Ansara', David speaks to Advocate Mark Oppenheimer about proposed amendments to South Africa's Promotion of Equality and the Prevention of Unfair Discrimination Act (PEPUDA).   

Mark and David highlight various problems with the Amendment Bill, including its proposed redefinition of the terms 'equality' and 'discrimination', as well as its overly-broad conception of liability. They also discuss the importance of tolerance for the free exchange of ideas in society.   

TIMESTAMPS  

(0:00) Intro

(0:46) What is PEPUDA?

(1:45) Redefining 'equality' + 'discrimination'

(4:20) Equality of outcomes vs. equality of opportunity

(7:04) Liability for unintentional acts

(10:17) The tension between dignity + free speech

(10:41) Vicarious liability

(13:55) The risk to NGOs + civil society

(16:43) The Equality Court

(19:34) Litigation costs

(22:23) Implementation problems

(24:41) Examples of perceived 'discrimination'

(28:37) The importance of tolerance

(32:31) Public participation processes

(35:30) Conclusion  

RESOURCES  

Promotion of Equality and the Prevention of Unfair Discrimination Act Amendment Bill (2021)

Promotion of Equality and the Prevention of Unfair Discrimination Act (2000)

Have your say on the PEPUDA Amendment Bill (DearSA)