Mark Oppenheimer on apartheid, censorship, and the weaponization of the law.
Mark Oppenheimer is a practicing advocate and member of the Johannesburg Bar. He has appeared in the Supreme Court of Appeal and the Constitutional Court in a series of cases that seek to determine the boundaries of freedom of expression. Mark has authored submissions to Parliament on the Hate Speech Bill and to the UN Committee for the Elimination of Racial Discrimination on escalating racial tensions. He has also presented an oral submission to parliament on expropriation without compensation. Oppenheimer has been interviewed on eNCA, CNBC Africa and Cliff Central to discuss the bill of rights and the rule of law. Along with Gwen Ngwenya, he hosted the podcast Freedom Versus and he currently hosts the popular philosophy series Brain in a Vat. He is co-author of the Conversations about Philosophy Book Series.
This discussion was moderated by UATX University Dean Ben Crocker. It was recorded on November 4, 2025 at UATX.
00:00 – Preview
00:47 – South Africa after apartheid
05:42 – Equity vs. equality
08:43 – South Africa confiscates land without compensation
09:53 – Blame
12:10 – Should "hate speech" be criminalized?
18:18 – The case of Jon Qwelane
20:05 – Are some flags criminal?
22:07 – "Shoot to kill"
23:07 – Have you offended someone in power?
26:02 – A canary in the coal mine
29:29 – What's next?
31:45 – Q&A: In defense of deregulation
34:52 – Q&A: Politicians are divided by spoils, not policy
38:07 – Q&A: The role of foreign actors
40:14 – Q&A: Can we draw a clear line on free speech?
42:38 – Q&A: When is revolution necessary?
44:22 – Q&A: The British have a serious free speech problem, too
46:00 – Q&A: Why people commit racially motivated crimes
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