Streaming issues? Report here
Pippa Hudson 2019 1500 BW 2 Pippa Hudson 2019 1500 BW 2
Lunch with Pippa Hudson
13:00 - 15:00
volume_up
volume_mute

Up Next: Afternoon Drive with John Maytham
See full line-up
Lunch with Pippa Hudson
13:00 - 15:00
Home
arrow_forward
Local
fiber_manual_record
Politics

'SCA hate speech ruling does not exonerate Jon Qwelane from wrongdoing'

1 December 2019 9:47 AM
Tags:
Hate speech
The Supreme Court of Appeal
Jon Qwelane
Pepuda

SAHRC chair Prof. Bongani Majola responds after court rules definition of hate speech must include causing harm.

An appeal by former ambassador to Uganda and controversial columnist Jon Qwelane has resulted in the Supreme Court of Appeal (SCA) declaring as unconstitutional, Section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act (Pepuda).

Qwelane had been found guilty of hate speech in 2017 following a newspaper column he wrote with the title Call me names, but gay is not okay which included praise for former Zimbabwean president Robert Mugabe's stance on homosexuality.

RELATED: Court finds Jon Qwelane guilty of hate speech

The SCA has overturned the South Gauteng High Court's ruling against Qwelane.

It's declared the current definition of hate speech unconstitutional, finding that a comment is only hate speech if incitement to cause harm can be proven. The order will have to be confirmed by the Constitutional Court before the act can be amended.

RELATED Malema's comments do not constitute hate speech - SAHRC

CapeTalk's Africa Melane gets a response from the chair of the South African Human Rights Commission (SAHRC), Professor Bongani Majola.

He says the ruling is "not a complete loss" because it will help to clarify the implementation of this piece of legislation - something the SAHRC has been saying is necessary for some time.

In a way the decision is a welcome decision in so far as the case is going to to to the highest court, the Constitutional Court, for a final clarification of how we should go about hate speech.

Prof. Bongani Majola, Chairperson - South African Human Rights Commission

For us, this case also means that we've got to sit down and decide what we do with pending cases that we've already initiated and cases that we are about to initiate.

Prof. Bongani Majola, Chairperson - South African Human Rights Commission

Professor Majola adds that this ruling does not exonerate Qwelane from wrongdoing and the commission will now have to decide what to do about his case in particular.

To listen to the full discussion, click on the link below:


1 December 2019 9:47 AM
Tags:
Hate speech
The Supreme Court of Appeal
Jon Qwelane
Pepuda

More from Local

load-shedding-black-out-power-cut-outage-candles-woman-darkness-lights-out-123rf

2020 has been the worst year of load shedding to date, claims CSIR

14 August 2020 10:44 AM

Researchers say that the amount of load shedding in 2020 has already exceeded 2019, and the year could still get worse.

Share this:
Read More arrow_forward

pudo-advert-video-screengrab-png

[WATCH] Courier service's 'piesang' and 'doos' advert ruffles feathers

14 August 2020 10:08 AM

The Advertising Regulatory Board has declared the raunchy ad 'could cause offence' and may not be flighted when kids are watching.

Share this:
Read More arrow_forward

Golden Arrow bus torched on N2

Rioters torch 3 Golden Arrow buses trapped in bumper-to-bumper traffic on N2

14 August 2020 9:06 AM

"Our drivers are in shock. Our passengers are in shock," says Bronwen Dyke-Beyer. "It looks like it [was a coordinated attack]."

Share this:
Read More arrow_forward

liquor-sales-alcohol-beer-booze-drinking-consumption-drinks-bottles-123rf

Ban on booze sales no longer necessary for Covid-19 mitigation - Prof Karim

14 August 2020 8:31 AM

Inter-provincial travel is no longer a risk and ban on alcohol sales no longer needed, say Covid-19 Ministerial Advisory chair.

Share this:
Read More arrow_forward

ramaphosa-imbizojpg

No official word on when Ramaphosa will address the nation

13 August 2020 7:09 PM

It's not yet confirmed when President Cyril Ramaphosa will next update South Africans on the ongoing lockdown.

Share this:
Read More arrow_forward

CTICC

CTICC field hospital to close its doors as Western Cape Covid-19 cases drop

13 August 2020 5:58 PM

Premier Alan Winde says the Cape Town International Convention Centre (CTICC) field hospital will be decommissioned over the next few weeks.

Share this:
Read More arrow_forward

mrs-base-on-the-day-of-her-dischargejpg

Provincial Covid-19 recovery rate in excess of 90% now, says WC health boss

13 August 2020 3:37 PM

The Western Cape's Head of Health, Dr. Keith Cloete, says the Covid-19 recovery rate in the province has shot up due to a reduced number of new cases.

Share this:
Read More arrow_forward

Vacation holiday cancelled tourism covid-19 lockdown 123rf 123rfbusiness

Lord Charles Hotel (Somerset West) closes shop after 32 profitable years

13 August 2020 3:05 PM

The lockdown has taken down yet another iconic tourist establishment. Kieno Kammies interviews Sisa Ntshona (SA Tourism).

Share this:
Read More arrow_forward

Candle Eskom 123rf 123rfbusiness 123rflifestyle

Load shedding: We share the frustrations of the people of South Africa - Eskom

13 August 2020 1:15 PM

"Eskom hopes that by September next year we’ll have broken the back of load shedding," says Eskom's Sikonathi Mantshantsha.

Share this:
Read More arrow_forward

alan-winde-wearing-maskjpg

[WATCH] Western Cape Premier Alan Winde on province's Covid-19 response

13 August 2020 12:02 PM

Premier Alan Winde is streaming live on Facebook at a digital press conference.

Share this:
Read More arrow_forward

More from Politics

liquor-sales-alcohol-beer-booze-drinking-consumption-drinks-bottles-123rf

Ban on booze sales no longer necessary for Covid-19 mitigation - Prof Karim

14 August 2020 8:31 AM

Inter-provincial travel is no longer a risk and ban on alcohol sales no longer needed, say Covid-19 Ministerial Advisory chair.

Share this:
Read More arrow_forward

ramaphosa-imbizojpg

No official word on when Ramaphosa will address the nation

13 August 2020 7:09 PM

It's not yet confirmed when President Cyril Ramaphosa will next update South Africans on the ongoing lockdown.

Share this:
Read More arrow_forward

fuel-tank-petrol-car-motorist-driving-driver-refuelling-123rf

'Govt can't simply be a spectator if fuel retailers to survive drop in sales'

13 August 2020 6:50 PM

Namibia's government assisted Covid-hit retailers, but SA doesn't understand how the industry works says Reggie Sibiya (FRA CEO).

Share this:
Read More arrow_forward

alan-winde-wearing-maskjpg

[WATCH] Western Cape Premier Alan Winde on province's Covid-19 response

13 August 2020 12:02 PM

Premier Alan Winde is streaming live on Facebook at a digital press conference.

Share this:
Read More arrow_forward

Cape Town, South Africa aerial view shot 123rflifestyle 123rfSouthAfrica 123rf

Western Cape secession 'a completely dumb idea that legally can never happen'

13 August 2020 9:40 AM

Constitutional law expert De Vos says Parliament has to amend the Constitution with two-thirds majority which will never happen.

Share this:
Read More arrow_forward

Cyril Ramaphosa

Is Ramaphosa ready to announce Level 2? What an economist would like him to say

12 August 2020 6:51 PM

The Money Show's Bruce Whitfield interviews Kevin Lings, chief economist at Stanlib Asset Management.

Share this:
Read More arrow_forward

Busisiwe

Mpofu accuses DA of having vendetta against Mkhwebane, judge not convinced

12 August 2020 4:40 PM

The Western Cape High Court has heard arguments from embattled Public Protector Busisiwe Mkhwebane in her bid to halt the parliamentary process that may see her axed.

Share this:
Read More arrow_forward

Maize mealie grain farmer harvest agriculture 123rfbusiness 123rf

Farm attacks and murders are undeniably spiking – Saps data

12 August 2020 1:07 PM

"People are being murdered [on farms] whether they are black, white, coloured or Indian," says Dr Ivan Meyer (W Cape Government).

Share this:
Read More arrow_forward

US vice presidential candidate Kamala Harris 123rfpolitics 123rf

'I like to think of Kamala Harris as the future of America'

12 August 2020 1:05 PM

US foreign policy expert Brookes Spector says Biden's vice-presidential nominee looks more like the America that is coming.

Share this:
Read More arrow_forward

Shamila Batohi

SA First Forum demands that NPA boss Shamila Batohi gets cracking on corruption

12 August 2020 12:43 PM

The South Africa First Forum is putting pressure on the NPA to act against corruption because they've lost faith in President Cyril Ramaphosa.

Share this:
Read More arrow_forward