Several complaints were received when 94.7 Highveld Stereo broadcast a song which, according to 
the complainants, denigrated a hero of the Anglo-Boer War (1899-1902), General De la Rey. The General was known and regarded as a man of particular integrity and leadership. As clearly appears from the complaints, he is still amongst the heroes of a large section of the population, especially the White, Afrikaans speaking section of South Africans. It was a great shock to South Africans when in 1914 he was accidentally shot at a road block.
The Tribunal held that the song neither amounted to hate speech nor an invasion the general’s right to dignity. The legal protection of dignity expires when a person dies. In so far as hate speech is concerned the amended song amounted to the poking of fun at a hero and did not amount to the advocacy of hatred. Offense is not sufficient for a finding of hate speech.
The song, as amended, obviously amounts to a cheap skit on a hero and nothing more. It has clearly hurt many persons who have heard it, but that is not sufficient to limit freedom of expression. Every limitation of freedom of expression must be based in law and be permitted by section 36 of the Constitution. Such a limitation should not readily be accepted, lest the fundamental right becomes nothing but a right to which only lip-service is paid. The tolerance of such a song is part and parcel of freedom of speech.
The fact that it might hurt the pride and cultural feelings of many persons is part of the hurt which is inherent to a free-thinking society which the Constitution of the Republic of South Africa guarantees. Freedom of speech has an inherent risk to it: its exercise cannot and will not please everyone. But such is the price which must be paid for true freedom. The complaints were dismissed.