Over eight years ago the high-profile journalist, Jon Qwelane, published an article in the Sunday Sun titled “Call me names, gay is not ok”. In reaction to the article’s hateful and prejudicial content the South African Human Rights Commission (SAHRC) received a flood of complaints. The SAHRC launched an application in the Equality Court seeking an apology and damages from Qwelane on the grounds that the contents of the 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”). Qwelane has launched a constitutional challenge against the hate speech provisions of the Equality Act. …Read more