A rescission application against a hate speech judgment has been filed on behalf of SA's ambassador to Uganda Jon Qwelane, a former journalist, his lawyers said on Tuesday.
"Today (Tuesday) the rescission application on behalf of Qwelane was served and filed in the Equality Court. We were only able to consult with our client in Uganda on Monday," Andrew Boerner of Jurgens Bekker Attorneys said.
The papers were signed and commissioned in Kampala, Uganda.
The South African Human Rights Commission (SAHRC) now has five days within which to deliver its notice of intention to oppose the application, and 10 days thereafter to file answering papers, he said.
A former Sunday Sun columnist, Qwelane was found guilty of hate speech by the Johannesburg Equality Court on June 7 for an article published in the newspaper on July 20 2008, under the headline: "Call me names, but gay is NOT okay."
The court found the article and a cartoon in his column propagated hatred and harm. As a result of his work, homosexuals had experienced emotional pain and suffering.
The SAHRC took the matter to court in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act.
Qwelane did not file a response, so the court found in favour of the commission. It ordered him to make an unconditional apology to the gay and lesbian community in the Sunday Sun newspaper and another national newspaper.
He was also ordered to pay R100 000 to SAHRC, for awareness and education of gay and lesbian rights. No costs were ordered.
Rescission sets aside or cancels a decision. — Sapa