Free speech, public venues and the price of division

THE recent peaceful sit-in at Kirstenbosch National Botanical Garden, organised by the Palestine Solidarity Campaign (PSC) Cape Town and Mothers4Gaza, was not merely a protest against a concert - it was an urgent intervention into the very meaning of free expression and public accountability in South Africa.

- IRENE KNIGHT | Mothers4Gaza

THE public has a right to know the criteria Kirstenbosch uses in choosing its annual lineup, says the writer.

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The action calls for the cancellation of a performance at the Botanical Gardens, later this month, by musician David Scott, known as The Kiffness, citing his long record of inflammatory and defamatory statements described as divisive, racially charged, Islamophobic and apartheid and genocide denial.

The inevitable pushback against such protests often portrays them as a moral drama of "censorship" and "persecution", a narrative that fundamentally misunderstands the true nature of free speech in a constitutional democracy. Framing the criticism as an "attack on freedom of speech" fails to understand crucial distinctions.

According to our Constitution, free speech prevents the government from punishing us for our views as a means to protect society, something every South African should not take for granted.

Scott remains entirely free to post his opinions on X, to make music and to cultivate an affirming audience. However, the cost of that comes at the protection of our society and fledgling democracy.

Community response is also free speech. When individuals and civil society groups object to giving a proud heritage platform to someone whose commentary they find bigoted and inflammatory, their opposition, their lobbying and their decision to withdraw support are all legitimate, protected expressions of freedom.

Free speech that violates our constitutional values is not a guarantee. The right to speak is not automatically bundled with the right to a stage, a public space and, in this case, a reserved slot in the Kirstenbosch Summer Sunset Concerts 2025-26, or protected from criticism. Kirstenbosch, a public heritage institution managed by SANBI, is not constitutionally obliged to platform anyone.