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
African participation at Davos disappointing #WEF2017

African participation at Davos disappointing #WEF2017

EWN's Stephen Grootes's latest update on the closing day at the World Economic Forum in Davos.

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.

Gambia’s Vice President Isatou Njie Saidy has quit

Gambia’s Vice President Isatou Njie Saidy has quit

Sabrina Mahtani, West Africa Researcher at Amnesty International provides an update in the country on the day of inauguration.

Some recovery in mining predicted, but job cuts still on the cards - analyst

Some recovery in mining predicted, but job cuts still on the cards - analyst

Mining and Labour analyst Mamokgethi Molopyane looks at the state of the mining industry and prospects for the future.

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.

What goes into a civil action?

What goes into a civil action?

As Ford Kuga comes under fire, product liability attorney Janus Luterek explains the nuts and bolts involved in a civil action.

Popular articles
Home Affairs takes on Oppenheimer family over VIP airport terminal

Home Affairs takes on Oppenheimer family over VIP airport terminal

The department's DG Mkuseli Apleni says Home Affairs cannot simply grant special immigration services to this wealthy family.

Driving lessons to be incorporated into SA school's curriculum

Driving lessons to be incorporated into SA school's curriculum

Spokesperson for Transport Minister, Dipou Peters, says learners will be given an opportunity to become good and safe drivers.

LISTEN: I paid for sound system from my own personal account - Phahlane

LISTEN: I paid for sound system from my own personal account - Phahlane

Acting National Police Commissioner Khomotso Phahlane says he paid for his R80 0000 sound system at his house in Pretoria.

Earn peanuts? How to best invest very small amounts...

Earn peanuts? How to best invest very small amounts...

Got a spare R200 or R300 a month? Here’s how to make that money work hard and grow…

Public servants to have their red carpet moment at SA politician awards

Public servants to have their red carpet moment at SA politician awards

The brains behind the South African Politician Awards denies that he is hosting the event to rub shoulders with political bigwigs.

Newly qualified doctors turn down health department posts - Motsoaledi

Newly qualified doctors turn down health department posts - Motsoaledi

Health Minister Aaron Motsoaledi says despite placing all newly qualified doctors, these doctors are declining the positions..

How a family butchery became the first Pick n Pay in Diepkloof

How a family butchery became the first Pick n Pay in Diepkloof

The Monageng family started with their mom–and–pop corner butchery in 1972 and now have partnership with Pick n Pay in Soweto.