What happens when political parties take comments too far? There is recourse says legal specialist

Lester Kiewit speaks to Ben Winks, an independent advocate specialising in media, constitutional and international law on what should happen when parties use blatantly anti-constitutional and anti-democratic propaganda during an election campaign.

Click the link below to listen to the interview.

Parties taking shots at one another is part and parcel of election campaigning the world over.

But what happens when political rhetoric shifts towards blatant anti-constitutional and anti-democratic propaganda?

Ben Winks is an independent advocate specialising in media, constitutional and international law. He explored the issue of bigotry on the campaign trail in a recent article on news24.

Winks says robust, even outrageous, rhetoric from politicians is nothing new in South Africa.

"We have quite a wide latitude for political speech in South Africa...but there are lines drawn.'

Ben Winks, Independent legal counsel, specialising in media, constitutional and international law

"For example Electoral Code of Conduct the says you can't publish false information about other electoral candidates or parties."

Ben Winks, Independent legal counsel, specialising in media, constitutional and international law

There are a number of other no-nos when it comes to election rhetoric says Wink.

Such as a ban on discrimination against race, sex, ethnicity and religion.

But, not all marginialized groups are protected by the code of conduct, he says.

"People with disabilities, HIV AIDs status, we've had rhetoric in the past about migrants and queer people. You have transphobic and homophobic type comments from people."

Ben Winks, Independent legal counsel, specialising in media, constitutional and international law

So, does that mean anything goes on the campaign trail?

Not quite, says Wink.

"The electoral code doesn't prohibit that kind of discrimination, so you can go to the Equality Court, but it doesn't stop people from campaigning. They can be ordered to apologise or pay damages, but they can campaign with impunity."

Ben Winks, Independent legal counsel, specialising in media, constitutional and international law

Click here to read Ben Winks News 24 article on bigotry on the campaign trail.