Will there finally be justice? The Constitutional Court has confirmed it will hear the decade-long Jon Qwelane homophobic hate speech case next month. In a shocking decision last November, the Supreme Court of Appeal overturned Qwelane’s 2017 Johannesburg High Court hate speech conviction on the basis that the section of the Equality Act under which he was found guilty is unconstitutional.
The court asserted that Section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA / The Equality Act) is too broad, vague and infringes on the right to freedom of expression.
Judge Mahomed Navsa dismissed the complaint against Qwelane and ordered Parliament to revise Section 10 within 18 months to ensure that it is more
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