Qwelane 'could have taken leave for trial'

2011-09-01 14:04

Lauren Hess, News24

Cape Town - Former columnist Jon Qwelane was informed of the hate speech case against him in 2009 and knew “well before the trial started” that he would have to appear in court, the SA Gay and Lesbian Alliance Against Defamation said on Thursday.

SA GLAAD's Cobus Fourie told News24 that the SA Human Rights Commission announced in December 2008 that it would be bringing hate speech charges against him and that Qwelane was formally informed in 2009.

But Fourie said the court clerk was “given the run-around” trying to find the former Sunday Sun columnist and when they did eventually hear of his whereabouts, they found that he was in Kampala, Uganda.

Qwelane said he could not appear at the case because of his job abroad. However, the department of international relations and co-operation's Clayson Monyela told News24 that Qwelane could simply have taken leave to deal with the matter.

“You will have to ask Mr Qwelane why he didn’t do that [take leave],” Monyela said.

Qwelane applied for a rescission of the judgment based on the fact that he was abroad doing his diplomatic duties and could not defend himself in court.
 
'Loss for justice, win for bigotry'

Fourie said that he was very disappointed by the decision to rescind the judgment but that “the law should run its course”.

In a comment on Twitter, Fourie wrote: “A loss for justice and a win for bigotry.

“The Equality Court ought to see the implications of the words of people like Qwelane, words aren't innocent. How many more victims?”

Fourie promised that, should the matter head back to the Equality Court, GLAAD will stage a protest.

The judgment relates to a 2008 column published by the Sunday Sun headlined "Call me names, but gay is NOT okay".

This was deemed hate speech by the SAHRC, and Qwelane was ordered to issue an apology and pay R100 000.

Attempts to reach Qwelane’s office on Thursday proved unsuccessful.

- News24