The Registrar received a complaint about the use of the term “Afrikak” which was alleged to refer to Afrikaners in a 
derogatory manner by a presenter on 5FM – a radio station under the control of the SABC, the public broadcaster. It is clear that the word “Afrikak” refers to Afrikaners and classifies them as excreta. However, what is missing is the element of advocacy of hatred. Some would say that the mere saying of such a derogatory phrase is sufficient to constitute hate speech. Yet, the isolated phrase at that time of the morning would seem to be no more that a throwaway phrase, meant to be funny as a play on the word “Africa”. Of course, it would not be funny to the vast majority of Afrikaans speaking people. But that is not the test: offense, yes, but not advocacy. Lastly, the question whether the word was not insulting to Afrikaners in terms of clause 38 of the Code, which protects dignity, should be considered. The Tribunal is of the view that the isolated word is not sufficient to denigrate dignity of Afrikaners. It is in questionable taste and indeed offensive, but once the democratic value of free speech is weighed against it, it places it on the brink of a contravention. It is akin, in the circumstances and at that time of the day, to what is called “meaningless abuse.” It would not seem to have been planned but slipped out in a moment of indiscretion. The presenter most certainly deserves censure from internal authorities, but from a Code perspective it simply did not go far enough. The complaint was not upheld.
