Legal Insights

A tale of two judgments dealing with free speech and hate speech

Advocate Ivor Heyman | 05 February 2020


Two recent judgments have revealed a schism in our law in its approach to free speech versus hate speech. Before analyzing the judgments, it is worth providing the legislative framework that governs free speech and hate speech in South Africa. Section 16 of the South African Constitution protects free speech in general. Section 16(1) protects free expression and specifically includes freedom of the press and media, the freedom to impart and receive information and ideas, the freedom of artistic creativity and academic freedom and freedom of artistic research. Section 16(2)(c) removes hate speech from the protection of Section 16(1) by excluding any “advocacy of hatred, based on race, ethnicity, gender or religion that constitutes incitement to cause harm.” (emphasis is mine).

How Does Mediation Work?


 Koos Du Plessis | 8 December 2019


There are essentially six steps to a formal mediation:

1.   Introduction

2.   Statement of the problem by the parties

3.   Gathering of information

4.   Identification of the problems

5.   Generating options and bargaining and

6.   Reaching an agreement

FAQ questions about mediation


 Koos Du Plessis | 8 December 2019



Trustees of a trust have a
fiduciary duty


Phia van der Spuy | 28 April 2020


The duties of trustees arise through the provisions of the Trust Property Control Act, the common law and the trust deed. All trustees—whether independent or not—are charged with the responsibility of ensuring that the trust functions properly to the greatest benefit of the beneficiaries. These responsibilities include, but are not limited to:

  • Ensuring compliance with the provisions of the trust instrument

  • Ensuring compliance with all statutory requirements

  • Conducting of proper trustee meetings

  • Recording of proper minutes of all meetings and decisions by the trustees. The focus should not be on the keeping of minutes, but on the decisions reached. A trust operates on the resolutions of its trustees and it is important that these should be recorded.

  • Proper maintenance and safekeeping of minute books