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Former ambassador to Uganda Jon Qwelane was found guilty of hate speech, in the South Gauteng High Court on Friday.
In his column headlined “Call me names, but gay is not okay”, Qwelane expressed his opinion about homosexuals. The column was published in the Sunday Sun on July 20, 2008.
The South African Human Rights Commission received about 350 complaints on this matter which is the highest number it has ever received.
“This case highlights the debate around the meaning of freedom of expression and, while protecting this essential right within a constitutional democracy, ensures that it is used to foster a society based on equality and human dignity for all,” the commission said today.
“This judgment ensures that freedom of expression is not used as a veil for hate speech. Furthermore, this judgment builds on the jurisprudence which clarifies the reasonable and justifiable limitations of freedom of expression.”
Judge Dimpheletse Moshidi said in court today: “The offending statement is hurtful, harmful and incites propaganda hate towards the [LGBTIQ] community.”
Moshidi said that Qwelane must turn to the community with an unconditional apology within 30 days.
The apology must be published in the Sunday Sun or any National Sunday newspaper and the proof of the published apology must be brought to court.
Qwelane must pay all costs of the proceeds, including those of the postponements and senior council.
The matter would be referred to the South African Police Service for investigation.
In the column – which was accompanied by a cartoon of a man marrying a goat – Qwelane lauded Zimbabwean President Robert Mugabe’s “unflinching and unapologetic stance” on homosexuality.
Qwelane wrote: “There could be a few things I could take issue with Zimbabwe President Robert Mugabe, but his unflinching and unapologetic stance over homosexuals is definitely not among those.”
At his last court appearance the court heard that his column was harmful and hurtful towards the gay and lesbian community.
Advocate Tembeka Ngcukaitobi for the Human Rights Commission argued at the time the commission had received 350 complaints in relation to the article – which is the highest number it has ever received.
Ngcukaitobi said the words contained in the column had negative psychological and emotional effects on the gay and lesbian community. – News24
