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SAHRC Refers Ngizwe Mchunu Case to Equality Court After Refusal to Apologise

The Commission for Gender Equality says the comments fuel violence and deter queer South Africans from seeking essential services.

Overview

  • The SAHRC found Mchunu’s remarks to be hate speech under Section 10 of the Equality Act and ordered him to remove the content, cease incitive posts, and issue a public apology.
  • After he refused to comply, commissioners on 13 October approved urgent litigation and referred the matter to the Equality Court.
  • SAHRC officials said the case will proceed under the SAHRC Act and the Equality Act provisions governing discriminatory speech.
  • The CGE condemned the comments as a safety threat to LGBTQIA+ people and, in its statement, cited incitement reported at Johannesburg’s KwaMai-Mai.
  • The controversy followed viral images of newlyweds Simon Sean Nhlapo and Crosby Jodwana wearing traditional Zulu and Xhosa regalia that drew intense online reaction.