Quote of the week
When a foreigner resides among you in your land, do not mistreat them. The foreigner residing among you must be treated as your native-born. Love them as yourself, for you were foreigners in Egypt. I am your God – Leviticus 19:33-34.
Consequently, you are no longer foreigners and strangers, but fellow citizens with God’s people and also members of his household, built on the foundation of the apostles and prophets, with Christ Jesus himself as the chief cornerstone. In him the whole building is joined together and rises to become a holy temple in the Lord. And in him you too are being built together to become a dwelling in which God lives by his Spirit – Ephesians 2:19-22.
Christian Bible
Equality Court Judgement against Jon Qwelane
IN THE EQUALITY COURT OF JOHANNESBURG
HELD AT THE JOHANNESBURG MAGISTRATE’S COURT
CASE NUMBER: 44/EQ JHB
IN THE MATTER BETWEEN:
SOUTH AFRICAN HUMAN RIGHTS COMMISION COMPLAINANT
AND
JON QWULANE RESPONDENT
JUDGMENT
1. This is an application for judgment by default in terms of Rule 32 of Act 32 of 1944. The court finds that there has been proper service on the respondent. The respondent was not in attendance at court. The complainant relied on the founding affidavit and argued the matter.
2. The complaint is undefended. The respondent has filed no papers. In the circumstances there is only one version before court. It is that of the complainant. The court is not going to repeat the argument presented as it already forms part of the record. This argument is accepted.
3. In the totality of the submissions tendered by the complainant the court finds the following:
3.1 The complainant has the necessary locus standi to institute these proceedings.
3.2 This court has the necessary jurisdiction to adjudicate this matter.
3.3 The contents of the article and cartoon amount to hate speech (see here).
3.4 The article and cartoon propagates hatred and harm against homosexuals. Homosexuals as represented by the complainant have suffered emotional pain and suffering as a result of the action of the respondent.
4. The court therefore grants judgment in favour of the complainant as follows:
4.1 The respondent is ordered to make an unconditional apology to the gay and lesbian community. Such apology is to be published in the Sunday Sun as well as one other national newspaper.
4.2 Damages in an amount of RI 00 000-00 is granted. Such amount is to be paid to the complainant and to be used to promote and raise awareness regarding the rights of gays and lesbians.
4.3 No costs are ordered.
DATED AT JOHANNESBURG THIS THE 31ST DAY OF MAY 2011.
NM KARIKAN ADDITIONAL MAGISTRATE (EQUALITY COURT) JOHANNESBIRG
