Qwelane ‘hate speech’ verdict rescinded

Ex-QDMS

Ventilation of issues: Jon Qwelane will have his day in court.

OMPHITLHETSE MOOKI

THE guilty verdict against Jon Qwelane’s “Call me names, but gay is NOT okay” column was rescinded in the Equality court this morning, with the court finding that he had a right to be heard.

Qwelane, the high commissioner to Uganda, was found guilty of hate speech in April after the SA Human Rights Commission (HRC) took him to court for his Sunday Sun column. He applied to have the verdict rescinded on the basis that he had been unable to attend the hearing, making it impossible for his views to be heard.

He also argued that the magistrate who made the ruling had no jurisdiction to make a judgment that instructed him to pay R100 000 to the HRC and make an unconditional apology for the July 2008 column.

He argued that he was also not informed that in missing the April 19 hearing, he risked a default judgment.

But HRC lawyers argued that Qwelane wilfully defaulted judgment by failing to give a proper excuse for missing the hearing. A “scrawled notation” on a notice informing him of the hearing, saying “will be out of the country”, was the only indication he gave that he might not be able to attend, advocate Tembeka Ngcukaitobi said.

But this morning, magistrate Hein Viana found that Qwelane had a right to be heard in terms of the freedom of expression rights.

“In my views there is no stronger indication that Qwelane is intent on pursuing with vigour the protection of what he considers his right to freedom of expression. An application for the rescission of a default judgment requires no need for an applicant to show a probability of success on the merits.

“There is little, if any, factual dispute insofar as the contents of the article is concerned and a proper ventilation of the issues in dispute, namely the competing rights to equality, human dignity and freedom of expression, including the limitations thereto, is a matter for an inquiry in terms of the Equality Act,” said Viana.

Speaking outside court, Qwelane’s advocate, George Kairinos, said his client would be pleased.

“From the beginning, Mr Qwelane just wanted his day in court and now we are going to have it.”

Qwelane ‘hate speech’ verdict rescinded