Oscar Pretorius murder Case back to Court once again applying for leave to challenge Judge Masipha’s decision:  

Today on the 26 August 2016, the National Public Prosecution will be applying for Leave to Appeal to the Supreme Court of Appeal against the sentence that Judge Masipa passed against Oscar which was lower than the minimum sentence of 15 years for murder.

POWA is encouraged by the NPA of pursuing the case this far as the sentence that has been granted undermines the criminal justice system. To us this mean that we are not alone in the struggle, while other citizens still feel that justice is been served for Reeva’s case, it is encouraging to see such endeavours from other law enforcement agencies who are willing to take the case to its limit in order to ensure that “violence against women is not trivialised” for protection of women and girls in South Africa. We are very encouraged looking forward to the ends of justice been stretched for the rights of women, says the Legal Manager POWA.

Hopping that the appeal is granted in order for Oscar’s sentence to be considered by the Supreme Court of Appeal, as POWA continually calls for strong action against perpetrators of Violence against Women & Children.

For more information and assistance through counselling and legal advice on violence against women, kindly contact POWA at (011) 642 4345, email info@powa.co.za/ legal@powa.co.za or visit our website on www.powa.co.za to learn more about services that POWA offer.

 

The matter proceeded in the Johannesburg High Court on the 29^th August 2016 as scheduled. The court hearing the matter was sitting as both the equality and constitutional court.  All parties interested in the matter were represented, however Mr Qwelane was not present and it is on this basis that his Advocate applied for postponement of the matter. The application for postponement was on the ground of Mr Qwelane’s ill health preventing him to appear in court. His Doctors statement explained that he has a condition of hypertension, severe chronic respiratory problem, to which he is on oxygen support for 24 hours in a day, he also has pneumonia and cannot walk for more than 200 meters.

Council for both sides including the amicus curiae in the matter were allowed to present their answers to the application to postpone the matter. The SAHRC and the Psychology Society of South Africa opposed the application. Their grounds for opposing the application were that, there is nothing in the Doctor’s note that shows a likelihood of Mr Qwelane’s condition improving in order for him to be in a position to appear in court, further that as his health is deteriorating it could be better to use other available options to urgently get necessary evidence from him without him physically coming to court, this was because if the case is postponed the court might never have an opportunity to get such evidence as Mr Qwelane has been ill since 2015 and since then been in and out of hospital. Lastly the Doctors statement does not have any information suggesting that he is not fit to give evidence or that his ill health has affected his cognitive capabilities.

The finding of the court was to postpone the matter up until the time to be determined by the court and there was no order on costs. The reasons Judge’s decision were that the application to postpone was well grounded and in the interest of “ubuntu” he does not feel that the application was a delaying technique, irrespective of the fact that the Applicants in the matter stressed that equality proceedings of this nature public interest has to be taken into consideration and the interests of the victims of Mr Qwelane’s homophobic statements.   The matter ended with the applicants showing an intention to apply for leave to appeal against the decision of Judge.

As POWA supporting the Applicant’s case, we feel discouraged, because the court is not leaving us with any options that will make sure that the matter proceeds for justice to be served in this matter. The matter has already delayed since 2009, and with Mr Qwelane’s ill health conditions there is no likely probability of improvement for him to appear in court, says Palesa Mpapa- POWA Legal Manager.

After nine (9) years of suffering and fighting for justice, Phindile Radebe finally got closure when the killer of her son was sentenced to eleven (11) years.

The mother of the deceased was not happy with eleven (11) years of imprisonment but accepted the judgment. POWA is also not satisfied with the sentence as it goes against the minimum sentence of Fifteen (15) years for an offence committed by the perpetrator.

With the support that POWA afforded   Mrs. Radebe we were praying for a harsher sentence. Nonetheless, POWA is still calling for strong action and denial of bail when dealing with perpetrators of Violence against Women & Children.

POWA hope that women going through similar hardship who need our support and assistance could come forward.

For more information and assistance through counselling and legal advice on violence against women, kindly contact POWA at (011) 642 4345, email info@powa.co.za/ legal@powa.co.za or visit our website on www.powa.co.za to learn more about services that POWA offer.

Seven years ago POWA (People Opposing Women Abuse) filled a complained with the South African Human Rights Commission (SAHRC) against Jon Qwelane for hate speech.  The complaint was endorsed by FEW (Forum for the Empowerment of Women), OUT Well Being and Gay and Lesbian Archives (GALA). Qwelane published an article called ‘Call me names but gay is not okay’. The article was published in the Sunday Sun in 2008. On Monday 29 August until 9 September 2016 the matter for SAHRC v Qwelane will be proceeding in the Johannesburg High Court. The matter is going to be heard as the Constitutional and Equality matter. POWA is going to be on the witness stand based on the complaint it lodged. POWA found the article to be offensive to black lesbian women who are harassed, assaulted, raped and killed daily in our townships. Qwelane’s utterances were irresponsible and callous to all the black lesbian who have been killed, raped and maimed.

People like Qwelane who are in positions of power should not use their positions of power and influence to promote hate and unlawfulness when presented with platforms where they can unite, educate South African citizens about the Constitution, and the importance of tolerance and respect for human rights and the rule of law. In this article Qwelane bluntly agrees with Mugabe’s utterances that ‘homosexuality is sub- animal behaviour” and compared it to that of pigs and dogs. To illustrate his position he added a cartoon in his article which shows a man marrying a goat.  This kind of public stance against the LGBTI community dehumanises and ‘others’ them in a country with a violent history and continues to use violence to resolve conflict, and we cannot condone such hate speech from Qwelane. Black lesbians have been lost due to being called ‘setabane’ ‘inkonkoni’ names that ‘others’ them. Our foreign brothers and sisters have been killed for being called ‘makwerekwere’.

Not only is Qwelane a homophobe, he is a misogynist, who wants to keep his privileged position of a patriarch who sees women only as objects created on earth to serve and please men. Therefore any women who dares and defies his privileged position are unwomanly.

Homophobia must stop!  Othering other human beings must stop! Women abuse must stop!

For more information contact:

Nhlanhla Mokwena, Executive Director POWA at 011 642 4345/6 0R 082 785 2116

Palesa Mpapa, Legal and Advocacy Manager at 011 642 4345/6 0R 062 215 68 26

Qwelane the HOMOPHOBE

Oscar Pretorius murder Case back to Court once again applying for leave to challenge Judge Masipha’s decision:

Today on the 26 August 2016, the National Public Prosecution will be applying for Leave to Appeal to the Supreme Court of Appeal against the sentence that Judge Masipa passed against Oscar which was lower than the minimum sentence of 15 years for murder.

POWA is encouraged by the NPA of pursuing the case this far as the sentence that has been granted undermines the criminal justice system. To us this mean that we are not alone in the struggle, while other citizens still feel that justice is been served for Reeva’s case, it is encouraging to see such endeavours from other law enforcement agencies who are willing to take the case to its limit in order to ensure that “violence against women is not trivialised” for protection of women and girls in South Africa. We are very encouraged looking forward to the ends of justice been stretched for the rights of women, says the Legal Manager POWA.

Hopping that the appeal is granted in order for Oscar’s sentence to be considered by the Supreme Court of Appeal, as POWA continually calls for strong action against perpetrators of Violence against Women & Children.

For more information and assistance through counselling and legal advice on violence against women, kindly contact POWA at (011) 642 4345, email info@powa.co.za/ legal@powa.co.za or visit our website on www.powa.co.za to learn more about services that POWA offer.

 

PsySSA (PSYCHOLOGICAL SOCIETY OF SOUTH AFRICA) is amicus curiae (‘friend of the court’) in a matter that concerns the contents of a newspaper article entitled “Call me names, but gay is not ok”, written by Jon Qwelane and published in the Sunday Sun on 20 July 2008.

The court case has been set down in the South Gauteng High Court for 29 August to 9 September 2016. The South African Human Rights Commission seeks an apology and damages from Mr Qwelane on the grounds that the contents of his article constitute prohibited hate speech in terms of section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (“the Equality Act”). In response, Mr Qwelane has launched a constitutional challenge against the relevant provisions of the Equality Act.

Webber Wentzel acts as attorneys, pro bono, for PsySSA. As a friend of the court, PsySSA will present evidence and make submissions regarding the important purpose served by section 10(1) of the Equality Act to stem systemic verbal and physical violence based on the prohibited grounds of discrimination in that Act.

PsySSA will also present research-based evidence of the harmful psychological effects and consequences of hate speech on members of the lesbian, gay, bisexual, transgender and intersex (LGBTI) community and on broader society.
More specifically, PsySSA intends:
• To locate the provisions of section 10(1) of the Equality Act which prohibits hate speech, within its proper psychological, social, scientific and constitutional context in order to demonstrate that hate speech causes deep psychological harm to its targets.
• To submit that section 10(1) is constitutional in that, although it limits the right to freedom of expression under section 16 of the Constitution, it does so in a manner that is reasonable and justifiable and satisfies the requirements of section 36 of the Constitution.
o Importantly, the Equality Act does not criminalise hate speech. Rather it balances the right to freedom of expression against the constitutional protection of equality and dignity of all persons, regardless of their status or identity.
o The Act is concerned with remedying the pernicious effects of discrimination on the victims of that discrimination and society generally. It does so by providing for a range of innovative and flexible civil remedies. It recognises, in its preamble, that our society is plagued by “systemic inequalities and unfair discrimination [which] remain deeply embedded in social structures, practices and attitudes, undermining the aspirations of our constitutional democracy”.
• To highlight the damaging effects that the discriminatory speech contained in Qwelane’s article has on members of the LGBTI community in particular, and on society at large.
“It is critical that in making its determination, the court considers the nature and extent of the material harm caused by homophobic hate speech. This wider social context is critical to understanding the tangible consequences of such hate speech on the lives of those who are its target and society at large”, says Professor Juan Nel, Department of Psychology, University of South Africa and Past President of PsySSA.

Prof Saths Cooper, President of the International Union of Psychological Science, adds that, “through its submissions to the court PsySSA will show how an understanding of the psychological effects of the underlying prejudices in our society and their expression is necessary for the development of a healthy post-apartheid South Africa.”

About PsySSA:
PsySSA is a not-for-profit association of psychology practitioners and persons involved in the academic, research and practical application of the discipline of psychology. Established in 1994, it is the nationally representative professional body for psychology in South Africa. PsySSA is committed to the transformation and development of South African psychology to serve the needs and interests of all South Africa’s people. PsySSA advances psychology as a science, a profession and as a means of promoting human well-being.

The Sexuality and Gender Division of PsySSA has an established African LGBTI persons’ human rights project, in association with IPsyNET (the International Psychology Network for Lesbian, Gay, Bisexual, and Transgender Issues). PsySSA is committed to fostering active and vocal participation by psychology professionals in current and anticipated debates on sexual and gender diversity and to support the advancement of LGBTI rights in Africa.

For more information:
• Professor Juan Nel – PsySSA Past President- Cell: 083 282 0791
• Kerry Williams – Partner, Webber Wentzel – Cell: 082 400 0272

Section 10(1) of the Equality Act: “Subject to the proviso in section 12, no person may publish, propagate, advocate or communicate words based on one or more of the prohibited grounds, against any person, that could reasonably be construed to demonstrate a clear intention to – (a) be hurtful; (b) be harmful or to incite harm; (c) promote or propagate hatred.”

Section 36 of the Constitution: “Limitation of rights – (1) The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including – (a) the nature of the right; (b) the importance of the purpose of the limitation; (c) the nature and extent of the limitation; (d) the relation between the limitation and its purpose; and (e) less restrictive means to achieve the purpose. 2) Except as provided in subsection (1) or in any other provision of the Constitution, no law may limit any right entrenched in the Bill of Rights.”

POWA in partnership with Jenny Nijenhuis is asking for new panties/underwear to highlight rape issues in preparation for 16 Days of Activism for No Violence Against Women and Children campaign.