Jon Qwelane to challenge equality act

2013-08-28 14:26

South African ambassador to Uganda Jon Qwelane is to launch a constitutional challenge in the High Court in Johannesburg to certain provisions of the equality legislation.

“We will launch our constitutional challenge on September 27,” his lawyer Andrew Boerner said today.

The SA Human Rights Commission (SAHRC) was expected to file a response within 20 days of that date. The matter could be heard within the next three months.

Boerner said his client would challenge sections 10 and 11 of the Promotion of Equality and Prevention of Unfair Discrimination Act. Section 10 deals with hate speech and section 11 with harassment.

He was speaking after a directions hearing in the High Court in Johannesburg to go through all the procedural matters regarding an SAHRC hate speech case against Qwelane.

“It [the hearing] was also held to obtain a way forward, which for us would be the constitutional challenge,” Boerner said.

In April 2011, Qwelane was found guilty of hate speech but was not present at the default judgment due to his job abroad.

On September 1, 2011, the Johannesburg Magistrates’ Court withdrew the judgment.

Qwelane’s counsel argued at the time the default judgment was not allowed and that a direction hearing needed to be convened before such a judgment could be handed down.

While still working as a journalist in 2008, Qwelane wrote a column published by the Sunday Sun in which he expressed his opinion about homosexuals.

The column was headlined “Call me names, but gay is NOT okay”.

Qwelane was ordered to apologise through the Sunday Sun and to pay R100 000 to the commission. The money was to be used to promote gay rights.

On Wednesday, the high court heard an application by the Psychological Society of SA to join proceedings as amicus curiae.

The application was unopposed and an order was granted.

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
0 comments
Comments have been closed for this article.

Inside News24

 
/News

Book flights

Compare, Book, Fly

Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.