ABSTRACT
The right to freedom of expression goes hand in hand with the right to freedom of religion, which includes the right to be able to express one’s beliefs and convictions. The repealed censorship laws prohibited blasphemy in South Africa, although it remains a common law offence. The Islamic Unity Convention challenged the constitutionality of the relevant provision of the Code, claiming that it was a violation of the constitutional right to freedom of expression. The hate speech provision of the Equality Act has been described as a provision that ‘implements and clarifies the constitutional hate speech provision. It has been stated that ‘it is a settled and trite approach in our law that, although the right to freedom of expression is inseparable from a normal democracy, it is however, neither an absolute nor limitless right nor is it a pre-eminent right’.
