'Gay is not ok' columnist off the hook as SCA orders rewrite of 'vague' hate speech definition

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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.

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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