The Supreme Court of Appeal has found the current definition of hate speech to be unconstitutional after it ruled that former diplomat Jon Qwelane's opinion on same-sex marriage was hurtful, but did not amount to hate speech under the current definition.
As a result of the SCA ruling, Members of Parliament have 18 months to rework the provisions of the Promotion of Equality and Prevention of Unfair Discrimination Act ,The order will have to be confirmed by the Constitutional Court before the act can be amended,Qwelane through his attorney told the Sunday Times that this ruling was"the greatest things to happen to free speech in this country's history, equally the freedom of the press".
The former ambassador to Uganda was found guilty of hate speech, in the South Gauteng High Court in 2017., where Qwelane expressed his opinion on same-sex relationships. It was published in the Sunday Sun on July 20, 2008.In addition, Qwelane lauded former Zimbabwean President Robert Mugabe's"unflinching and unapologetic stance" on homosexuality.
Source: Law Daily Report (lawdailyreport.net)
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Top court blasts SA law on hate speech as Jon Qwelane let off for gay slurControversial former diplomat and 'gay is not OK' columnist Jon Qwelane has scored a surprise victory in the Supreme Court of Appeal, in a ruling that could set back SA's efforts to curb racism and hate speech On the up side, the judgment is really good for freedom of speech. “JUST JON” in the Star News Paper during Apartheid was my favorite column because of its candour and forthrightness ...EVEN TODAY,HE REMAINS JUST THAT:JUST JON! Yes and free up some time for the SAHRC and the NMF.
Source: SundayTimesZA - 🏆 47. / 51 Read more »
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