South African Human Rights Commision v Qwulane (44/EQJHB) [2011] ZAEQC 3 (31 May 2011)

South African Human Rights Commision v Qwulane (44/EQJHB) [2011] ZAEQC 3 (31 May 2011)

The court found that the complainant had standing and that the Equality Court had jurisdiction. The respondent's article and cartoon constituted hate speech, propagating hatred and harm against homosexuals. The complainant's version was accepted as the matter was undefended. The court granted judgment in favour of the complainant, ordering an unconditional apology and awarding damages to be used for promoting awareness of gay and lesbian rights.

Citation
[2011] ZAEQC 3
Parties
Applicant: South African Human Rights Commision; Respondent: Jon Qwulane
Court
Equality Court
Jurisdiction
South Africa
Judgment Date
31 May 2011
Case Number
44/EQJHB
Procedural Posture
Default Judgment Application / Judgment
Outcome
Judgment granted in favour of the complainant.
Legal Topics
Hate Speech, Equality Court Jurisdiction, Emotional Distress, Damages Award
Constitutional Law Civil Procedure Hate Speech Equality Court Jurisdiction Emotional Distress Damages Award

Case Brief

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Parties

South African Human Rights Commision

Applicant

Jon Qwulane

Respondent

Procedural Posture

Default Judgment Application / Judgment

Legal Issues

  1. 1 Whether the article and cartoon published by the respondent constitute hate speech under South African law.
  2. 2 Whether the complainant has the necessary standing to institute proceedings in the Equality Court.
  3. 3 Whether the Equality Court has jurisdiction to adjudicate the matter.

Ratio Decidendi

The court found that the complainant had standing and that the Equality Court had jurisdiction. The respondent's article and cartoon constituted hate speech, propagating hatred and harm against homosexuals. The complainant's version was accepted as the matter was undefended. The court granted judgment in favour of the complainant, ordering an unconditional apology and awarding damages to be used for promoting awareness of gay and lesbian rights.

Court Disposition

Judgment granted in favour of the complainant.

Orders

  • The respondent is ordered to make an unconditional apology to the gay and lesbian community, to be published in the Sunday Sun and one other national newspaper.
  • Damages in the amount of R100,000.00 are awarded to the complainant, to be used to promote and raise awareness regarding the rights of gays and lesbians.