SAHRC applauds court ruling against Ngizwe Mchunu for hate speech

THE South African Human Rights Commission (SAHRC) has welcomed a Johannesburg High Court sitting as an Equality Court ruling against public figure Ngizwe Mchunu, in a case involving hate speech, harassment, and unfair discrimination targeting LGBTQIA+ people.

The Commission, alongside TransHope and the Hate Crimes Working Group represented by Lawyers for Human Rights, confirmed the outcome of proceedings which found that Mchunu's conduct and publications violated South Africa's equality legislation.

The SAHRC said it had initially attempted to resolve the matter outside court, but those efforts failed.

The Commission had “sought to resolve the matter directly with Mchunu demanding among others that he ceases publishing or promoting content amounting to hate speech or discrimination against Lesbian, Gay, Bisexual, Transgender, Queer/ Questioning, Intersex, and Asexual/ Aromantic (LGBTQIA+) persons, to remove all offending material from his platforms within 24 hours, and to issue a public retraction and apology acknowledging the harm caused”.

It added that Mchunu rejected the Commission's demands, refused to apologise and publicly stated that he stood by his remarks.

The Equality Court reportedly examined a series of videos and a flyer published between September 30 and October 6, 2025, as well as a march to the Kwa Mai Mai Traditional Market on October 5, 2025.

The court found the conduct amounted to violations of sections 10, 11 and 6 of the Promotion of Equality and Prevention of Unfair Discrimination Act, including hate speech, harassment and unfair discrimination.

“The High Court''s order follows proceedings in which the Court considered statements and conduct by Mchunu directed at members of the LGBTQIA+ community,” the Commission said.

It further stated that “the Court found that a series of videos and a flyer published by Mchunu between 30 September and 6 October 2025 constituted hate speech, harassment, and unfair discrimination”.

The court has imposed a series of remedies aimed at both punishment and rehabilitation.

These include a permanent ban on Mchunu publishing discriminatory content against LGBTQIA+ people and restrictions on organising or participating in related demonstrations. He has also been ordered to issue an unconditional public apology, which must be “published and pinned on his Facebook page for a period of three months”.

Further sanctions include a requirement to pay R250 000 towards organisations working on equality and social cohesion, as well as compulsory human rights training.

The Commission noted that Mr Mchunu must undergo “20 hours of human rights sensitisation training under the auspices of the Commission or an approved institution,” and pay the complainants' legal costs.

The SAHRC welcomed the ruling, describing it as a constitutional affirmation against discrimination. |