Thumbs up for pro-gay judgment

THE SA Human Rights Commission (SAHRC) has hailed the ruling in the High Court in Johannesburg declaring a 2008 anti-gay newspaper column by former South African ambassador to Uganda Jon Qwelane as hate speech, as a victory for the protection of the rights of the LGBTI community.

The case was brought by the SAHRC after it said it had received many complaints about Qwelane’s utterances.

It said yesterday that the case was important as he had argued that the Promotion of Equality and Prevention of Unfair Discrimination Act hate speech clause was trumped by the constitutional imperative of freedom of expression. “The commission argued that since unfair discrimination is prohibited in terms of the Bill of Rights, expressions that are hurtful, harmful, and which incite harm or propagate hate against a particular group – in this instance on the basis of a person’s sexual orientation or gender identity – are not protected by the right to freedom of expression.”

Judge Dimpheletse Seun Moshidi said the newspaper column “did not contain constitutional value at all” and was not produced to encourage debate on homosexuality, “but rather to persuade readers of Qwelane’s own views and position on homophobia and call on others to join him in that”.

The Psychological Society of SA, which was admitted as a friend of the court, said the ruling enforced the message that homophobia and hate speech did not have a place in South Africa. – ANA