During a talk show at 22:45, Mr. Jon Qwelane, a well-known talk-show host, reacted to an 
observation by a caller by saying “Jesus Christ” in what was described as an agitated manner by the Complainant. Since the tape of the programme was lost, the Tribunal had to depend on the reconstruction by the Complainant.
As it was impossible for the Tribunal to determine the manner in which the words were used, it was also impossible to come to a finding on the facts before it.
Nevertheless, the Tribunal approached the matter as a legal question by addressing the following question:
“Does it amount to hate speech, based on religion, if a presenter were to use the name of the Lord – in the form “Jesus Christ” or “Christ” – in an agitated manner in reaction to what a caller says; or otherwise, as a mere throwaway phrase, without addressing anyone in particular, but purely as a manner of speaking.”
The Tribunal answered the question as follows:
(1) Each case would have to be determined on its own facts;
(2) Generally, the first instance would prima facie amount to hate speech;
(3) The second instance would be in extremely questionable taste and could, under certain circumstances, amount to hate speech;
(4) In any case, neither form may be used by a presenter when there is likely to be a large number of children in the audience.
(5) In the case of a drama or documentary, the matter has often been addressed by the Commission and the answer has been that unless particularly aggravating circumstances are present, the said words may be used in post-watershed feature films by characters or persons portrayed in broadcasts, subject to due warning as to language, and with an appropriate age restriction.
CLICK TO VIEW FULL JUDGMENT Case-No-15-2003