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:


This article first appeared on 702 : Jon Qwelane wants Equality Act declared unconstitutional


Read More
Van Damme: De Lille has until Monday to respond to maladministration claims

Van Damme: De Lille has until Monday to respond to maladministration claims

The DA has suspended Patricia de Lille from party activities but Eusebius McKaiser says its statement 'is clear as mud'.

'Vote-buying claims first surfaced at Polokwane 2007 with battle for president'

'Vote-buying claims first surfaced at Polokwane 2007 with battle for president'

Ranjeni Munusamy says Polokwane was the first conference where there was real contestation over the ANC presidency.

[LISTEN] Sara-Jayne King overjoyed at finding her biological father

[LISTEN] Sara-Jayne King overjoyed at finding her biological father

After a 702/ CapeTalk interview, the author of the autobiographical book Killing Karoline spoke to her dad for the first time.

Dis-Chem Foundation's R35 000 donation uplifts Anecebo Children's Home bathroom

Dis-Chem Foundation's R35 000 donation uplifts Anecebo Children's Home bathroom

Nomhle Joba runs a home for orphaned, abused, neglected and abandoned children.

'Judgment pits President Zuma against Deputy President Cyril Ramaphosa'

'Judgment pits President Zuma against Deputy President Cyril Ramaphosa'

Political analyst Ralph Mathegka weighs in on Friday's Nxasana judgment.

High Court: Zuma abused court process in order to reap benefits for his own good

High Court: Zuma abused court process in order to reap benefits for his own good

EWN reporter Barry Bateman reports that the Presidency is asking for leave to appeal the NPA Nxasana and Abrahams judgment.

Popular articles
'This puts pressure on Jacob Zuma to vacate office earlier'

'This puts pressure on Jacob Zuma to vacate office earlier'

The Money Show’s Bruce Whitfield interviews Daniel Silke, Political Economy Analyst at Political Futures Consultancy.

Judge Mlambo: Zuma's application amounts to abuse of judicial process

Judge Mlambo: Zuma's application amounts to abuse of judicial process

EWN Barry Bateman explains the High Court proceeding on President Zuma's application to set aside parts of Madonsela's report.

It's chicken for Joburgers and Durbanites, but what do Capetonians feast on?

It's chicken for Joburgers and Durbanites, but what do Capetonians feast on?

Stephen Grootes spoke to founder and CEO of OrderIn to find out more about South African's eating habits.

Predictably awesome new Nando's ad reminds South Africans ‘we can fix our sh$t’

Predictably awesome new Nando's ad reminds South Africans ‘we can fix our sh$t’

Watch the Guptas pack their bags and run in Nando's inspiring new advertisement.

PSG Chair Jannie Mouton opens up (kind of) about Steinhoff

PSG Chair Jannie Mouton opens up (kind of) about Steinhoff

In 2012 Steinhoff acquired 20% of wealth manager PSG, reportedly infuriating Mouton. Bruce Whitfield interviews him.

[LISTEN] Caller challenges Eusebius on land disposition

[LISTEN] Caller challenges Eusebius on land disposition

‘I need you to provide me with an answer' - John from Edenvale, Gauteng