More than 13 years after it was first published, the Constitutional Court in July declared Jon Qwelane’s 'Call me names but gay is not okay' column to be hate speech.
In its founding provisions, the constitution establishes itself as “the supreme law of the republic” and states any laws which are inconsistent with its provisions are invalid. However, different individuals and organisations are almost constantly challenging the legislation in various courts in the belief they don’t meet the test. Having legislation declared invalid ultimately requires the Constitutional Court’s thumbs up.
However, different individuals and organisations are almost constantly challenging the legislation in various courts in the belief they don’t meet the test. Having legislation declared invalid ultimately requires the Constitutional Court’s thumbs up.The Regulation of Interception of Communication and Provision of Communication-Related Information Act
This on the back of a case first launched in 2017 by the amaBhungane Centre for Investigative Journalism and its managing partner, Sam Sole. The case came in the wake of Sole unknowingly being placed under surveillance while covering the National Prosecuting Authority’s 2008 decision to drop corruption charges against former president Jacob Zuma.The apex court gave parliament 36 months to bring the legislation up to scratch.
The late Qwelane’s column landed him with a hate speech complaint from the South African Human Rights Commission, to which he responded with a constitutional challenge to Pepuda, under which he was charged.Both matters were dealt with together, with the High Court in Johannesburg initially finding the column did amount to hate speech. In November 2019, the SCA overruled the high court on both counts.
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