Jon Qwelane’s utterances in stating that the South African Government is guilty of gross 
dereliction of duty in its handling of the “illegal immigration problem”, that a benevolent dictatorship is desirable and preferable, that the South Africa Constitution should be suspended; that illegal immigrants be ruthlessly hunted down, jailed and deported; that they be shot on sight, that illegal immigrants are guilty of perpetrating violent crimes against law abiding citizens, and do not deserve to be treated as human beings – do not qualify to be categorized as incitement of imminent violence, or advocacy of hatred based on race or ethnicity that constitutes incitement to cause harm – Code not contravened test in terms of Section 16(2) of the Constitution. Complaint dismissed.
