ΚΑΤΑΔΙΚΗ ΤΟΥ ΝΟΤΙΟΑΦΡΙΚΑΝΟΥ ΠΡΕΣΒΗ ΣΤΗΝ ΟΥΓΚΑΝΤΑ ΓΙΑ ΟΜΟΦΥΛΟΦΟΒΙΚΟ ΑΡΘΡΟ ΤΟΥ

South Africa Uganda envoy Qwelane guilty of hate speech
bbc.co.uk, 31-5-2011
The South African ambassador to Uganda, a former columnist for South Africa's Sunday Sun paper, has been found guilty of hate speech for an anti-gay article.
South Africa's Equality Court fined Jon Qwelane $14,450 (£8,920) and ordered him to apologise for promoting hatred in the column published in 2008.
Headlined "Call me names but gay is NOT OKAY", it caused an uproar at the time.
Mr Qwelane, who was appointed last year to Uganda where homosexual acts are illegal, did not mount a defence.
Correspondents say the outcome of the case is particularly significant in the light of the recent attacks and rapes of lesbian women in South Africa.
Unlike in many African countries, homosexual acts are legal in South Africa and discrimination based on sexual orientation is banned, but activists say gay and lesbian people are often attacked in townships.
"We are hoping really that this finding will send a message to community members, a message that says gay and lesbian people have an equal right to the protection of their dignity," said Vincent Moaga, spokesman for the South African Human Rights Commission, which initiated the complaint against Mr Qwelane.
The Sunday Sun officially apologised for the column following complaints after its publication, but Mr Qwelane refused to make an apology.
The court agreed with commission's argument that Mr Qwelane's article, and the cartoon accompanying it, had promoted hatred against homosexuals, causing them emotional suffering.
Mr Moaga said the money from the fine would be donated to gay rights organisations.
The BBC's Pumza Fihlani in Johannesburg says Mr Qwelane was appointed as ambassador last year, raising concerns that he would fuel tensions in Uganda which has come under intense international pressure over plans to tighten laws against homosexuality.
The Anti-Homosexuality Bill, first introduced in 2009 and yet to be voted on in Uganda's parliament, seeks to increase the penalties for homosexual acts from 14 years in prison to life.
It also proposes the death penalty for a new offence of "aggravated homosexuality" - defined as when one of the participants is a minor, HIV-positive, disabled or a "serial offender".

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.