A broadcast by the Respondent wherein a programme presenter used the word “Makula” (Coolies) to refer to people of Indian descent. The Tribunal held that the word “coolie”, given its historical apartheid context, amounted to a serious impairment of dignity by way of hate speech based on race. The tribunal also found that the word “Makula” is a misnomer which has crept into African languages and it is still derogatory and demeaning and thus flies in the face of Constitutional values of dignity and equality. The complaint was upheld. Since corrective steps have been taken by the SABC, no sanction was, however, imposed.
[2011] JOL 26871 (BCCSA)