THE hate speech court case against columnist Jon Qwelane, eight years in the making, was indefinitely postponed by the High Court in Johannesburg on Monday, due to Qwelane’s ill health, raising questions about whether the case would ever be heard.The case was expected to be precedent-setting — the first high-profile hate speech case involving alleged homophobic speech. Reports had been filed in court with evidence of the damaging effect this kind of speech had on an already vulnerable group, in particular black, lesbian women.The court was also to hear Qwelane’s challenge to the constitutionality of the Equality Act, a subject that has long been debated.In 2008, in his popular Sunday Sun column, Qwelane hailed Zimbabwean President Robert Mugabe for his "unflinching and unapologetic stance" on homosexuality. He also said the Constitution needed to be amended to remove sections that allowed men to get married to one another.The South African Human Rights Commission took him to the Equ...

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