People ask why we go to the Equality Court for hate speech and antisemitism related incidents – here is the answer.

In April this year, Thomas Torr was found guilty of Hate Speech and Antisemitism in the Equality Court – a victory for the Cape SAJBD and the Jewish community.

Six months later and the former Mayor of Johannesburg is found guilty of “a clear potential to incite harm and promote hatred” by the SA Human Rights Commission.

And in their findings, they use the Cape SAJBD vs Torr Equality Court case as precedence. Our Equality Court Action has far reaching consequences for anyone wishing to promote hatred and incite violence.

“When analysed through the lens of Qwelane, the statement demonstrates a clear potential to incite harm and promote hatred, particularly in a society still marked by racial tension and inequality. The Court in Cape South African Jewish Board of Deputies v Torr emphasised the danger of historical allusions when they are weaponised in digital spaces, highlighting that symbolic harm can be as constitutionally significant as physical harm. Therefore, in view of both statutory and constitutional standards, the tweet image in question constitutes unlawful expression. It serves as a compelling example of how harmful digital speech must be curtailed in a democratic society committed to dignity, equality, and the rule of law.”

We will be back in the Equality Court in early 2026 – watch this space.

https://newsday.co.za/south-africa/8411/former-johannesburg-mayor-in-hot-water-over-pro-hamas-post/