Qwelane decision could lead to review of cases
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.