The Registrar received complaints from the complainant concerning the comments made on the 
programme called “Saturday Early” where the presenter was asked if the term “Dutchman” could be used he in turn replied “We call them ‘bonehead’ ”.
Talk radio is well known for the outspoken comments by some of its presenters and this should not be stifled unreasonably. A society without humour is likely to become stagnant and depressive and the radio assists in keeping listeners not only informed but also entertained. Our racially divided past makes it necessary that this past be discussed in the public interest. To ignore it would be reminiscent of an ostrich which places its head in the sand. Section 36 of the Constitution, however, permits that fundamental right may be limited to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors. There was no suggestion of light-heartedness or humour in the reference to “bonehead”. It was clearly meant to be degrading. The test is, of course, an objective one measured against the standard of reasonableness in our society. This standard is also defined by the ideals of the Constitution. Non-racialism is stated to be a founding provision in section one of the Constitution. The conclusion of the Tribunal is that the callous reference to the relevant ethnic or racial section amounts to an unreasonable and shocking intrusion of the right to dignity of the section involved. There was no friendly humour in the remark and no tolerant attitudes of listeners would excuse this flagrant abuse of freedom of expression. It goes further than being merely offensive, it hits at one of the very roots of our democratic society: dignity and non-racialism. The words were not justified by any compelling circumstance or the public interest and this was also not put forward as a defence by the respondent. The complaint is upheld.