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'It made me feel like we don't have any dignity‚' lesbian woman tells court in Qwelane hate speech case

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A woman was told repeatedly that she was lesbian only because she had not found a man to satisfy her‚ and that rape would correct this‚ the Johannesburg High Court has heard.

The woman‚ whose identity is protected by order of the court‚ testified on Tuesday that she had also been assaulted with bottles‚ stones and sticks because of her sexual orientation.

She is the final witness the South African Human Rights Commission called in its case against former journalist and ambassador to Uganda Jon Qwelane‚ after he failed to apologise for his 2008 Sunday Sun column titled‚ “Call me names‚ but Gay is NOT okay“.

In the column Qwelane suggested that the Constitution’s acceptance of gay marriage would lead to “some idiot [demanding] to marry an animal“. He also endorsed Zimbabwe president Robert Mugabe’s views on homosexuality.

The woman‚ who testified of several incidents of violence and intimidation she has endured due to her being lesbian‚ said Qwelane’s column was hurtful.

“It creates a perception to other people in society that it is their right to treat LGBTI [lesbian‚ gay‚ bisexual‚ transgender and intersex] people as if they are non-entities‚” she said.

Responding to Qwelane comparing homosexuals to animals in the column‚ she said‚ “It made me feel very angry because it made me feel like we‚ the LGBTI community‚ don’t have any dignity‚ because it’s an insult“.

The woman‚ who said she would not accept an apology from Qwelane‚ said she wanted the court to defend the rights of LGBTI people.

In her experience‚ when she was previously assaulted because she is lesbian‚ justice was not served. A court previously found that evidence was insufficient to secure a conviction in an assault case in which she was the complainant.

When she was attacked thereafter she did not bother to report the matter‚ “because I felt like the law doesn’t help people like myself“.

She recounted a long history of violence perpetrated against her‚ including an assault lasting for hours‚ being beaten with a stick‚ bottles and stones and men threatening to rape her to correct her sexuality.

The woman wept as she she gave evidence‚ heaving between sentences.

Qwelane‚ who was recently hospitalised‚ was not present in court.

The commission received 350 complainants that took issue with his 2008 column‚ the highest number of complaints in one case. It found the column’s language amounted to hate speech.

The case is being heard years after Qwelane’s column was published and he was ordered to pay R100 000 and issue an apology by the Equality Court.

Qwelane had this ruling rescinded in 2011 and is now opposing the commission’s application. He is also questioning the constitutionality of the section of the Equality Act which deals with hate speech. — TMG Digital

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