“The HRC has become nothing but a toothless and powerless institution unable to do justice and restore dignity to those whose rights have been trampled on,” the Joburg-based leading gay activist, who asked not to be named for fear of victimisation, told Bizcommunity.com yesterday.
“Qwelane has a serious case to answer to the HRC after his column criticising gay people seemed to have violated our constitutional rights. But will the HRC be able to deal with Jon accordingly? I doubt that,” the gay activist added.
Both the HRC and the press ombudsman confirmed that they received many complaints never seen before about Qwelane's 20 July 2008 column titled ‘Call me names, but gay is not okay' (see our Poll Should Jon Qwelane be fired for his latest column? for links to the offending article online).
“I have never seen anything like this. I have been working here for just over a year and the number of complaints we have received are, well, phenomenal,” HRC spokesperson Vincent Moaga was quoted by Pretoria News as saying.
Thloloe's personal assistant Khanyi Ndaweni was also quoted as saying: “People are calling and emailing their complaints. And Thloloe has not been here this week. He will have his hands full when he comes back.”
But the gay activist said: “I want to challenge the HRC to use its power and influence if it still has any to put Qwelane in the tight corner and make him say sorry. What he has done is unacceptable in the present political dispensation. This is not freedom of speech but hate speech and the two are quite different. Let's see what the toothless lion [HRC] will say about this.”
Toothless bulldog
Critics continue to slam the HRC, accusing it of being a toothless bulldog for letting Cosatu secretary-general Zwelinzima Vavi and ANCYL president Julius Malema off the hook ‘so easily', following their ‘shoot to kill' for Jacob Zuma statement.
Both Vavi and Malema failed to say sorry, but regretted their actions and said they were committed to upholding the country's democratic and constitutional values.
However, in an exclusive interview with The Sunday Independent, HRC CEO Tseliso Thipanyane defended the commission, saying he was fed-up with the media's selective reporting'.
“This week it would have been very easy to say, ‘Mr Vavi, we are going to court.' We would have been instant heroes in some quarters but would we be heroes to those who read Vavi's document?
“People don't realise how much pressure Vavi and Malema put the ANC under... Some may think we lost. But the country has won, because nobody will say ‘I will shoot and kill for Zuma' again because we will take that person to court,” Thipanyane said.
The HRC said on its website that it is still considering complaints lodged against Qwelane and will make further announcements on the matter on due course.
Anger and consternation continue to mount against Qwelane's article, with a Facebook group called ‘Appalling Homophobia in our midst' - with almost 3000 members, +70 discussion topics and displaying more than 451 posts, sending out the following information:
SA gays and lesbians do not have a special section in the Constitution but are duly protected under section 9 of the Constitution (Equality), which lists sexual orientation as one of the legal grounds on which unfair discrimination may not take place.
And to the gay community's understanding, Qwelane has violated the ‘sanctity' of section 9 of the Constitution.
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