Qwe­lane de­ci­sion could lead to re­view of cases

The Citizen (KZN) - - Letters -

De­ci­sion could lead to ro­bust con­ver­sa­tion, a fea­ture of a suc­cess­ful democ­racy, writes Nathan Cheiman.

Jon Qwe­lane won his ap­peal at the Supreme Court of Ap­peal (SCA), in a land­mark judg­ment which found that the cur­rent def­i­ni­tion of hate speech is un­con­sti­tu­tional and in­valid.

Mr Qwe­lane’s col­umn – ti­tled “Call me names but gay is not okay” – did not in­fringe the Pro­mo­tion of Equal­ity and Pro­tec­tion of Un­fair Dis­crim­i­na­tion Act ( Pepuda).

Al­though no one is al­lowed to in­fringe on the rights of other peo­ple, the court did say that many opin­ions were “of­ten laced with vit­riol”.

There’s no doubt that pre­vi­ous cases heard by the Equal­ity Court may have to be re­viewed.

Fur­ther­more, the SCA’s de­ci­sion will no doubt fa­cil­i­tate fu­ture ro­bust con­ver­sa­tion which is a fea­ture of a suc­cess­ful democ­racy.

Newspapers in English

Newspapers from South Africa

© PressReader. All rights reserved.