Global InformationQwelane v South African Human Rights Commission information
| Qwelane v South African Human Rights Commission | |
|---|---|
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| Court | Constitutional Court of South Africa |
| Full case name | Jonathan Dubula Qwelane v South African Human Rights Commission and Another |
| Decided | 30 July 2021 |
| Docket nos. | CCT 13/20 |
| Citation(s) | [2021] ZACC 22; 2021 (6) SA 579 (CC); 2022 (2) BCLR 129 (CC) |
| Case history | |
| Prior action(s) | Qwelane v South African Human Rights Commission and Another [2019] ZASCA 167 in the Supreme Court of Appeal |
| Appealed from | South African Human Rights Commission v Qwelane; Qwelane v Minister for Justice and Correctional Services [2017] ZAGPJHC 218 in the High Court, Gauteng Division and Equality Court |
| Related action(s) | Psychological Society of South Africa v Qwelane and Others [2016] ZACC 48 |
| Court membership | |
| Judges sitting | Khampepe J, Madlanga J, Majiedt J, Mhlantla J, Theron J, Tshiqi J, Mathopo AJ, Victor AJ |
| Case opinions | |
| Section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 is unconstitutional insofar as it includes the term "hurtful" as part of the definition of prohibited hate speech. | |
| Decision by | Majiedt J (unanimous) |
| Keywords | |
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Qwelane v South African Human Rights Commission and Another is a 2021 decision of the Constitutional Court of South Africa on the constitutionality of a statutory prohibition on hate speech. The court found that section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 was unconstitutional insofar as it included the vague term "hurtful" as part of the definition of prohibited hate speech.
The matter was heard on 22 December 2020 and decided on 30 July 2021 in a unanimous decision written by Justice Steven Majiedt. It arose from an application for confirmation of an order of constitutional invalidity granted by the Supreme Court of Appeal in 2019 on appeal from the High Court and Equality Court, where the South African Human Rights Commission had charged journalist Jon Qwelane with hate speech after he published a homophobic newspaper column. Though it struck down part of section 10(1) of the Equality Act, the Constitutional Court nonetheless found that Qwelane's statements constituted hate speech and that the prohibition on such speech was a justifiable limitation on the constitutional right to freedom of expression.