Jon Qwelane wants Equality Act declared unconstitutional

Former newspaper columnist and ambassador to Uganda Jon Qwelane, started his application in the Johannesburg High court on Monday.

He is trying to have the Equality Act declared unconstitutional, thereby challenging a 2011 ruling that he was guilty of hate speech after he wrote a column under the headline ' “Call me names, but gay is not okay”.

Andrew Boerner, one of the lawyers representing Qwelane, joins Stephen Grootes on the line to talk about the application.

Boerner says that The Equality Act Section 10.1 has gone further than the Constitution on issues of free speech and it is on this basis that they are arguing the Equality Act is 'unconstitutional'.

The clause adds the words 'hurtful' and 'offence' which differ from that of the Constitution.

The Equality Act goes further than what I think they envisioned in the Constitution.

Andrew Boerner, laywer for Jon Qwelane

Boerner says the case involves five parties. The Human Rights Commission is the applicant and Qwelane the respondent in the Equality Court matter. Then in the Constitutional matter, the Minister of Justice is added to the respondents. There are also two amici, friends of the court.

The proceedings have just begun.

It is unclear what the implications of a victory in this case could mean for many other rulings by the Equality Courts.

Listen to the full interview below:

Read More
Credible Syrian sources say Shiraz Mohammed is alive  - Gift of the Givers

Credible Syrian sources say Shiraz Mohammed is alive - Gift of the Givers

Photojournalist abducted thirteen days ago and still no contact has been made, but Dr Imtiaz Sooliman says they are hopeful.

John Maytham's books: Russian murders to a Cameroonian immigrant in the USA

John Maytham's books: Russian murders to a Cameroonian immigrant in the USA

John's weekly reviews from a murder mystery in Russia, the collapse of the Soviet Union and a Cameroonian immigrant living in USA.

LISTEN: Vlogger takes a stab at what different Mzantsi lingos sound like

LISTEN: Vlogger takes a stab at what different Mzantsi lingos sound like

Ta Fire's (Siyabulelo Deli) satirical vlog takes a cheeky jibe at what 'Sefrican' languages sound like...and it is hilarious.

Mom of baby saved by seat-belt speaks of her joy

Mom of baby saved by seat-belt speaks of her joy

A three car pile-up on the R304 on Sunday afternoon left six injured and three cars written off, but a baby was saved by her seatbelt.

Billions of cubic metres of water in Table Mountain Group Aquifer

Billions of cubic metres of water in Table Mountain Group Aquifer

Cape Town needs to find solutions to the water crisis facing the city - and the aquifer may well be the best option.

Rondebosch High boys use K-word in freestyle prose

Rondebosch High boys use K-word in freestyle prose

Voice notes from Rondebosch Boys' High Whatsapp group have gone viral - with N-word and K-word used during a music session.

Popular articles
I paid for it, says Police Commissioner Phahlane. No you didn't, says Ipid

I paid for it, says Police Commissioner Phahlane. No you didn't, says Ipid

John Maytham interviews EWN’s Barry Bateman about the allegations against the Acting National Police Commissioner.

Orcas spotted in Langebaan Lagoon must've been hunting, says conservationist

Orcas spotted in Langebaan Lagoon must've been hunting, says conservationist

Capetonians are accustomed to seeing whales playing along the coast, but it is very rare to hear of orcas in the Langebaan Lagoon.

Photographer captures Cape's dwindling dam levels with a drone

Photographer captures Cape's dwindling dam levels with a drone

The latest figures show dam levels at 36.8%, which means they could run almost empty by the time 2017 the winter rains come.

Culprits spotted deliberately starting fires in the Cape

Culprits spotted deliberately starting fires in the Cape

Chief Fire Officer at Overberg District Municipality says arson is a problem they are all too familiar with.

Find out what the city-approved borehole sign looks like

Find out what the city-approved borehole sign looks like

Cape Town residents are concerned that residents might be wasting water and lying about having boreholes by using fake signs.

Meet Chuma Somdaka, a homeless artist who blogs about art

Meet Chuma Somdaka, a homeless artist who blogs about art

Chuma spends her days making art and her nights on a bench in The Company's Garden in Cape Town where she displays her artwork.