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[2011] ZAEQC 3
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South African Human Rights Commision v Qwulane (44/EQJHB) [2011] ZAEQC 3 (31 May 2011)
IN
THE EQUALITY COURT OF JOHANNESBURG
HELD
AT THE JOHANNESBURG MAGISTRATE'S COURT
CASE
NUMBER: 44/EQJHB
DATE:31/05/2011
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 hens standi to institute these
proceedings.
3.2
This court has the necessary jurisdiction to adjudicate this matter.
3.3The
contents of the article and cartoon amount to hate speech.
3.4The
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 Rl 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.
ADDITIONAL
MAGISTRATE (EQUALITY COURT) JOHANNESBUG