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Good Corporate Governance Principles and the Probability of Hate Speech in South Africa, Australia and Namibia

Good Corporate Governance Principles and the Probability of Hate Speech in South Africa,... GOOD CORPORATE GOVERNANCE PRINCIPLES AND THE PROBABILITY OF HATE SPEECH IN SOUTH AFRICA, AUSTRALIA AND NAMIBIA C. G. KILIAN I. INTRODUCTION This article briefly discusses the relevance of the principles of good corporate governance in relation to human rights so as to identify hate speech. Hate speech in South Africa is a fairly new concept and at present the first legislative draft is open for public comment. Section 9 of the Constitution of South Africa 1996 gives effect to this legislation (on hate speech principles). Now, after 21 years, South Africa is currently enacting such legislation to prevent or prohibit hate speech in future. The purpose of this article is to analyse the principles of corporate governance and ascertain whether such principles amount to hate speech, i.e. King IV in South Africa requires an assessment of the performance of chief executive directors by means of a checklist or otherwise and compare it to Australia’s requirements for high-quality directors. The latter is also compared to ∗ MA (Regensburg), LLD (Free State); Research Fellow, Centre for Comparative Corporate Governance, School of Law, Deakin University (Australia) and law faculty, University North West (South Africa). 1 The Prevention and Combating of Hate Crimes http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Good Corporate Governance Principles and the Probability of Hate Speech in South Africa, Australia and Namibia

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Publisher
Edinburgh University Press
Copyright
Copyright © American Meteorological Society
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2019.0264
Publisher site
See Article on Publisher Site

Abstract

GOOD CORPORATE GOVERNANCE PRINCIPLES AND THE PROBABILITY OF HATE SPEECH IN SOUTH AFRICA, AUSTRALIA AND NAMIBIA C. G. KILIAN I. INTRODUCTION This article briefly discusses the relevance of the principles of good corporate governance in relation to human rights so as to identify hate speech. Hate speech in South Africa is a fairly new concept and at present the first legislative draft is open for public comment. Section 9 of the Constitution of South Africa 1996 gives effect to this legislation (on hate speech principles). Now, after 21 years, South Africa is currently enacting such legislation to prevent or prohibit hate speech in future. The purpose of this article is to analyse the principles of corporate governance and ascertain whether such principles amount to hate speech, i.e. King IV in South Africa requires an assessment of the performance of chief executive directors by means of a checklist or otherwise and compare it to Australia’s requirements for high-quality directors. The latter is also compared to ∗ MA (Regensburg), LLD (Free State); Research Fellow, Centre for Comparative Corporate Governance, School of Law, Deakin University (Australia) and law faculty, University North West (South Africa). 1 The Prevention and Combating of Hate Crimes

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: Feb 1, 2019

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