SHOCK AS QWELANE HATE SPEECH VERDICT REVERSED
South Africa’s openly homophobic ambassador to Uganda has won his bid to rescind the hate speech verdict against him, a blow against the country’s LGBTI community.
Jon Qwelane, a former journalist, was sued by the South African Human Rights Commission (SAHRC) over his 2008 anti-gay article Call me names, but gay is NOT okay…, published in the Sunday Sun.
In May he was found guilty of hate speech in absentia, ordered to apologise and fined R 100,000.
In June, Qwelane’s lawyers applied to have the judgment rescinded because he was out of the country at the time and was apparently not aware of the seriousness of the matter. The SAHRC argued that he could have secured legal representation in South Africa to attend the hearings.
Today, the Johannesburg Equality Court ruled that Qwelane gave a reasonable explanation for his absence and set aside the hate speech judgement.
The SAHRC’s Vincent Moaga told Mambaonline that the decision wasn’t a surprise, “but for us we are disappointed with the outcome. We remain firm in our commitment to fight discrimination and inequality”.
Moaga was quick to emphasise that the decision did not reflect on the hate speech charge itself. “This court was only appointed to deal with the procedural issues relating to the matter not its content,” he said.
He added that the SAHRC was “in principle” committed to taking the matter forward and that this “would be the correct thing”. He noted that the Commission is still assessing the judgment and “the details and strategy remains to be determined”.
“The Equality Court will hear this matter afresh and all the parties will have to make their submissions and argue the merits of the matter, which is what Mr. Qwelane wanted,” said Moaga.
He was unable to say when a final decision on the way forward would be made.
> He added that the SAHRC was in principal committed
“in principal” [sic]
Its amassing what they can get away with in SOUTH AFRICA…. Pathetic Pathetic I tell you.
Just look at that photograph – needs a major overhaul.
AAARRGGHHHHHHHHHHHHH!!!!!!!!
Spelling error: “in principle” – NOT “in principal”.
It was only rescinded in terms of him being out of the country. He can still be prosecuted. It is misleading to give the impression that “he got away with it”.
Can’t understand what the fuss is all about! This is SA,we all have rights,it’s called freedom of speech! And that is exactly what Jon exercised. The problem with the community is that we want everyone to love and accept us. That,unfortunately,is impossible!
I don’t think we want everyone to love and accept us, although there really is nothing with wanting this – we, after all, love and accept heterosexuals as a group. This is about the fact that freedom of expression is not an unlimited right, and does not extend to hate speech. Qwelane’s article clearly fell within the ambit of hate speech, both in terms of s 16 of the Constitution and PEPUDA. I commend the SAHRC for taking a stand against this hate speech – it’s time we as LGBTIQ stop being treated as second-class citizens because of our sexual diversity.
Guys guys.. Let’s live and ignore people like this..firstly he really needs to get plastic surgery. And secondly let’s put him to shame… With pride coming up.. Why should we stress on whatever the fuck anyone says*smiley* let’s celebrate!
Guys guys.. Let’s live and ignore people like this..firstly he really needs to get plastic surgery. And secondly let’s put him to shame… With pride coming up.. Why should we stress on whatever the fuck anyone says*smiley* let’s celebrate!
I tend to agree with Viglietti, thank you for that perspective. Let’s get busy with the business of having a full and productive life, make room for the ignortant amongst us and not hold our breath for the intolerant to be miraculously cured …
No matter if he was or was not out the country it does not change his comments now that he could not manipulate the courts by not appearing the first time round of course he’s now gonna appeal he’s about to lose R100.000 surly if he was wanting to sought the problem out at the first hearing and ruling but could not due to travel how come he made no attempt to contact the judge in person and explain that he could not make it and would like to request that the case be set to a later dad that allows him to appear in person. He should be made accountable now that he is there should have no reflection on the first ruling. He was hoping by not appearing the case would be thrown out, but I bet he became very available the moment his lawyer contacted him with the R100.000 ruling if anything he should be tried for trying to defeat the ends of justice
Qwelane. Qwelane is a closet gay… just like his mate, Robert Mugabe.
How do you play Barcelona in this year?