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Gay is not ok columnist takes fight to ConCourt

22 September 2020

In 2008 contraversial columnist Jon Qwelane wrote an article in which he compared homosexuality to bestiality.
The Constitutional Court will hear today (Tuesday) the case of Jonathan Dubula Qwelane v South African Human Rights Commission, addressing the issue of hate speech against members of the LGBTI community.
In 2008 the South African Human Rights Commission (SAHRC) received over 350 complaints about an article written by veteran journalist Jon Qwelane and published in the Sunday Sun.
In the article titled 'Call me names, but gay is not ok', Qwelane equated homosexuality with bestiality.
In 2017 he was found guilty of hate speech, but the Supreme Court of Appeal set aside the judgment stating that section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act was unconstitutional.
The Constitutional Court must now make a ruling on that section of Pepuda.
The judgment, in this case, could have implications on other rulings declared as hate speech explains lawyer Wayne Ncube.
This case is going to set the precedent for how the Promotion of Equality and Prevention of Unfair Discrimination Act deals with hate speech.
Wayne Ncube, Deputy Director - Lawyers For Human Rights

There are a lot of other cases waiting to be determined, waiting for this particular hearing.
Wayne Ncube, Deputy Director - Lawyers For Human Rights
It will also determine, whether or not, the Human Rights Commission can carry out its mandate to hold individuals accountable for hate speech in a lot of different areas, not only the LGBT community.
Wayne Ncube, Deputy Director - Lawyers For Human Rights
Whilst there is freedom of expression, that expression is limited towards speech that would incite harm or hate towards other people.
Wayne Ncube, Deputy Director - Lawyers For Human Rights
Judgment in the case is expected by the end of the year.

Source: Cape Talk

The South African Human Rights Commission.

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The Human Rights Commission is the national institution established to support constitutional democracy. It is committed to promote respect for, observance of and protection of human rights for everyone without fear or favour.

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