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South African Human Rights Commission v Qwelane; Qwelane v Minister for Justice and Correctional Services (EQ44/2009; EQ13/2012) [2017] ZAGPJHC 218

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South African Human Rights Commission v Qwelane; Qwelane v Minister for Justice and Correctional Services (EQ44/2009; EQ13/2012) [2017] ZAGPJHC 218

25th August 2017

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Equality legislation - hate speech - what constitutes onus of proof - defences thereto - sections 1, 10, 11 and 12 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (the Equality Act) - the applicant uttering statements in Sunday Sun newspaper derogatory to homosexuals and members of the Lesbian, Gay, Bisexual, Transgender and lntersex (LGBTI) community - comparing their conduct to bestiality - applicant challenging constitutionality of provisions of Equality Act in regard to hate speech - based on the right to freedom of expression as enshrined in section 16 of the Constitution - however, right to freedom of speech is not limitless as envisaged in section 36(1) of Constitution - constitutional challenge dismissed as not having merit - appropriate remedy in equality legislation as envisaged in section 21 of the Equality Act.

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