Sign up to save your podcasts
Or
Share Mark Oppenheimer on equality, discrimination and free speech
Share to email
Share to Facebook
Share to X
Share to email
Share to Facebook
Share to X
Or
Mark Oppenheimer on equality, discrimination and free speech
Why is free speech an important value in a democratic society and what are the threats facing freedom of expression in South Africa? How do we balance free speech against other constitutional values, such as dignity and equality?
In this episode of 'Solutions With David Ansara', David speaks to Advocate Mark Oppenheimer about proposed amendments to South Africa's Promotion of Equality and the Prevention of Unfair Discrimination Act (PEPUDA).
Mark and David highlight various problems with the Amendment Bill, including its proposed redefinition of the terms 'equality' and 'discrimination', as well as its overly-broad conception of liability. They also discuss the importance of tolerance for the free exchange of ideas in society.
TIMESTAMPS
(0:00) Intro
(0:46) What is PEPUDA?
(1:45) Redefining 'equality' + 'discrimination'
(4:20) Equality of outcomes vs. equality of opportunity
(7:04) Liability for unintentional acts
(10:17) The tension between dignity + free speech
(10:41) Vicarious liability
(13:55) The risk to NGOs + civil society
(16:43) The Equality Court
(19:34) Litigation costs
(22:23) Implementation problems
(24:41) Examples of perceived 'discrimination'
(28:37) The importance of tolerance
(32:31) Public participation processes
(35:30) Conclusion
RESOURCES
View all episodes
By David Ansara
5
11 ratings
Why is free speech an important value in a democratic society and what are the threats facing freedom of expression in South Africa? How do we balance free speech against other constitutional values, such as dignity and equality?
In this episode of 'Solutions With David Ansara', David speaks to Advocate Mark Oppenheimer about proposed amendments to South Africa's Promotion of Equality and the Prevention of Unfair Discrimination Act (PEPUDA).
Mark and David highlight various problems with the Amendment Bill, including its proposed redefinition of the terms 'equality' and 'discrimination', as well as its overly-broad conception of liability. They also discuss the importance of tolerance for the free exchange of ideas in society.
TIMESTAMPS
(0:00) Intro
(0:46) What is PEPUDA?
(1:45) Redefining 'equality' + 'discrimination'
(4:20) Equality of outcomes vs. equality of opportunity
(7:04) Liability for unintentional acts
(10:17) The tension between dignity + free speech
(10:41) Vicarious liability
(13:55) The risk to NGOs + civil society
(16:43) The Equality Court
(19:34) Litigation costs
(22:23) Implementation problems
(24:41) Examples of perceived 'discrimination'
(28:37) The importance of tolerance
(32:31) Public participation processes
(35:30) Conclusion
RESOURCES
More shows like Solutions With David Ansara
View all
Philosopher's Zone
203 Listeners
EconTalk
4,283 Listeners
The Money Show
34 Listeners
The Midday Report with Mandy Wiener
4 Listeners
Uncommon Knowledge
2,035 Listeners
The Intelligence from The Economist
2,558 Listeners
BizNews Radio
19 Listeners
Investec Focus Radio SA
7 Listeners
The Daily Friend Show
13 Listeners
SMWX
11 Listeners
MoneywebNOW
7 Listeners
The Podcast of the Lotus Eaters
553 Listeners
History of South Africa podcast
119 Listeners
The Winston Marshall Show
433 Listeners
Politricking with Tshidi Madia
1 Listeners