The hate speech trial got under way in the High Court in Johannesburg on Monday. The commission approached the court to seek a public apology and damages from Qwelane on grounds that the contents of his article constituted hate speech. Qwelane has since launched a constitutional challenge to the hate speech provisions of the Equity Act.

Advocate Thembeka Ngcukaitobi, who's acting on behalf of the Human Right Commission, told the court that Qwelane intentionally intended on causing harm to gay and lesbian citizens when he penned the controversial article nine years ago. Ngcukaitobi went on to tell the court that the article clearly breaches the Equality Act and the words contained in it are hurtful and harmful. He further told the court that the article also promotes hate against the gay and lesbian community.

Tsegofatso Phala from the Psychological Society of South Africa, who's acting as "a friend of the court", says the article is completely unacceptable.

"The Psychological Society of South Africa feels that the words that were published in Jon Qwelane's article constitute homophobic hate speech. And they go against the provisions of section 1 of the equality act which prohibits hate speech. We feel that the speech is hurtful, it's harmful. We will be assisting the court by trying to highlight to the court why it's important to protect this kind of speech. Why it's important not to allow this kind of speech in our society."

The Head of Legal Services at the Human Rights Commission Pandelis Gregoriou, told the court that the commission had received more than 350 complaints relating to Qwelane's article, the highest number ever recorded. He says most of them related to discrimination against the LGBTI group, with incitement to violence and even death threats made.

Gregoriou says the commission wants Qwelane to provide an unconditional apology, attend a sensitivity  programme,  and also be fined 100 thousand rand that will go towards LGBTI organisations. Phala says all they hope for is justice to be served.

Phala says this should serve as a message to all journalists to be mindful when writting stories that are of a sensitive nature.

“People needs to be mindful and all the journalists needs to be mindful of the aspirations of our country which were set out in our constitution and the aspirations we have for our country and I think that should be our guiding point in journalism. We respect as a psychological society of South Africa the right to freedom of expression As contained section 16 of our constitution. However we do believe that there are limitations to that right as to all other rights as contained in our constitution."

Source: SABC