In this case we deal with a complaint by Cassandra Gudlhuza who describes herself as a social journalist of the Sunday Times.  In her weekly column she wrote some derogatory remarks about “Chilli M” of Yfm.  The next day the said “Chilli M” in his “Essential Rush Show” reacted to this and broadcast some insulting [...]

Appeal against a decision of the Tribunal of the BCCSA.  After dismissing the appeal on the merits, the Appeal Tribunal called for written submissions on the question of a penalty.  After considering the Appellant’s submissions (Respondent not making any submissions) it was decided not to impose any penalty.  The appeal against the penalty therefore upheld. [...]

In a program consisting, inter alia, of traffic reports, the discussion turned to the finalists of a competition for the best taxi drivers in Gauteng.  The presenters, in a lighthearted way, referred to the fact that there were no Zulu finalists in the competition.  This led to a lot of laughter and the repetition of [...]

This is a complaint about the invasion of privacy of the Complainant.  The presenter of the Respondent named the Complainant on-air and gave, amid a lot of laughter, a graphic description of the Complainant’s sexual escapade (described by the Respondent’s attorney as an orgy).  The Respondent conceded that the broadcast complained of was an invasion [...]

Complainant complained about a statement that “Behind every beaten and abused woman is a big Afrikaner male”.  No evidence was found that the statement was made to promote violence against a particular racial or ethnic group. The statement, however, amounted to comment but in this instance the comment was not based on facts truly stated [...]

Complaint was lodged that words uttered by a presenter amounted to hate speech.  Words complained of refer to “…stations infested with white callers”.  No advocacy of hatred and no incitement to cause harm found.  No intention was evident to promote violence against a particular racial group.  Tribunal found no proof of hate speech and no [...]

This judgment re-opens a matter which has already been argued and is described as Labuschagne v YFM 21(2)/2003. It cancels the finding of hate speech in Labuschagne v YFM 21/2003 [2003] JOL 12060 (BCTSA) CLICK TO VIEW FULL JUDGMENT  

A presenter at the Respondent radio station commented, in crude racial terms, on a news item which had received wide coverage in the press: denouncing Afrikaners as “pigs”. It turned out that the presenter was misinformed on the facts of the matter. The news item alleged that men had subjected a young black woman to [...]