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Private words, public consequences: The SCA on hate speech and privacy | Mail & Guardian | SA News

A precedent-setting hate speech and harassment Judgment regarding privately disseminated hate speech was handed down by the Supreme Court of Appeal on 7 October 2026.The case concerns three racial statements made by a white business associate, Mr Ackerman, to another, Mr Wellman. The statements, made on different occasions, each involved Mr Ackerman using the k-word and referring to black people in a derogatory manner. The statements were also subsequently shared by Mr Wellman to his black business partner, Mr Amaning.

At the outset, the Supreme Court of Appeal accepted that the statements were made and constituted hate speech in terms of the Promotion of Equality and Prevention of…

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