The South African Human Rights Commission (SAHRC) has found that the homophobic remarks made by former radio host Ngizwe Mchunu amount to prima facie violations of South Africa’s Equality Act.
This follows multiple complaints lodged with the Commission after Mchunu’s viral videos attacking the LGBTQIA+ community.
In its official statement, the SAHRC confirmed that Mchunu’s utterances constituted hate speech and harassment under the Promotion of Equality and Prevention of Unfair Discrimination Act (2000).
On Thursday, the Commission issued directives requiring that Mchunu:
- Immediately cease publishing, distributing, or promoting any further content that incites violence or discrimination against LGBTQIA+ persons;
- Remove all offending content from his social media platforms within 24 hours; and
- Issue a public retraction and apology acknowledging the harm caused and committing not to repeat such conduct.
The Commission added that failure to comply could result in legal proceedings being instituted in the Equality Court, in accordance with Section 13(3)(b) of the SAHRC Act (2013) and Section 20 of the Equality Act (2000).
Government Welcomes SAHRC Action
The Department of Women, Youth and Persons with Disabilities (DWYPD), located in the Presidency, said the SAHRC’s directives were a crucial step in defending constitutional values of equality and dignity.
“The Ministry welcomes the outcomes of the SAHRC’s assessment of alleged harassment and utterances of hate speech by Mr Ngizwe Mchunu and issued directives requiring him to desist, remove the offending content, and publicly retract and apologise,” the Department said in a media statement.
The Department emphasised that South Africa’s democracy is built on respect for human rights, and that “gendered abuse, hate speech, and harassment directed at any person, including on grounds of sexual orientation or gender identity, are incompatible with the values of our constitutional democracy and the imperative of social cohesion.”
“By complying with the directives, Mr Mchunu will not only avert further legal consequences but will contribute toward healing divisions, reinforcing responsible public discourse, and upholding our democratic order,” the statement added.
The Department also asserted that, “South Africa stands unequivocally against all forms of sexism, gender-based discrimination, and hate speech. This begins with education, raising awareness about the challenges faced by LGBTQIA+ individuals and addressing stereotypes and discrimination.”
Ngizwe Mchunu’s Homophobia
Mchunu’s comments first gained attention following the traditional wedding of Simon Seun Nhlapo and Crosby Jodwana in late September.
In multiple videos, he declared that he “hates” gay people, claimed that traditional attire is “meant for straight men,” and ranted about “too many gay people” at KwaMai-Mai, a popular Johannesburg shisa nyama.
Mchunu went further by rallying supporters to join him at KwaMai-Mai, claiming he would confront queer patrons and “take back” the space for “real Zulu men.” His calls for a mob gathering alarmed activists, who warned that such rhetoric posed a serious risk of violence against LGBTQIA+ people.
The backlash was swift. Civil society groups, including TransHope and human rights activist Mxolisi Makhubu condemned Mchunu’s remarks as hate speech. Makhubu subsequently lodged a formal complaint with the SAHRC, calling for accountability under the newly enacted Prevention and Combating of Hate Crimes and Hate Speech Act (2023).
