The SCA overturned the South Gauteng High Court ruling over a column Qwelane penned in 2017 titled, “Call me names, but gay is not okay”.
Following a massive public outcry, Qwelane was found guilty of hate speech in 2017, after publishing the column he had written in 2008.
In the piece, Qwelane had gone on to praise former Zimbabwean president Robert Mugabe on his sentiments on homosexuality. He included personal comments on the lesbian, gay, bisexual, transexual (LGBT) community.
The high court ruled that Qwelane had violated section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act (Pepuda).