The Gauteng High Court, sitting as the Equality Court, has issued an interim order against former radio host Ngizwe Mchunu for his homophobic hate speech and incitement to violence.
The urgent case against Mchunu and Meta was brought by the KwaZulu-Natal–based advocacy organisation TransHope, along with the Hate Crimes Working Group.
Court’s Interim Ruling
On Tuesday, the Equality Court ordered Mchunu, pending the final outcome of the case, to “not organise, promote, lead or participate in any march or other demonstration that directly or indirectly promotes discrimination against LGBTQIA+ persons or communities.”
He was also ordered to “remove any materials he has published on any online platform (including Facebook, Instagram, WhatsApp channels or WhatsApp groups) that directly or indirectly discriminate against any LGBTQIA+ persons or communities.”
Meta was further directed to remove any additional offending content posted by Mchunu within 24 hours.
A Response to Online Hate
The interim order follows a series of recent social media posts in which Mchunu expressed hatred toward the LGBTQIA+ community and condemned a same-sex couple who married in their traditional attire.
Mchunu subsequently gathered a group of men to descend on KwaMai-Mai, a popular shisa nyama (grilled meat venue) in Johannesburg, where he sought to confront queer patrons.
Despite being ordered by the South African Human Rights Commission to retract his statements and apologise or face legal action in the Equality Court, Ngizwe Mchunu has remained defiant, telling the Commission to “fuck off” and insisting, “I stand by what I said because it was meant to preserve our culture.”
Hate Crimes Working Group Welcomes Court Order
The Hate Crimes Working Group (HCWG) said the court order “represents a landmark moment in defending constitutional rights and restoring public accountability.”
“This judgment is not only a victory for the LGBTQIA+ community,” asserted Kim Lithgow, Chair of the HCWG, “it’s a victory for every South African who believes that our democracy must protect dignity over disinformation and discrimination, and our shared humanity over hate.”
The groups expressed that the Court’s directive that Meta take down Ngizwe Mchunu’s content targeting LGBTQIA+ persons is equally significant. “It recognises that online hate speech has real-world consequences — it spreads fear, fuels division, and too often precedes violence.”
The organisation also commented TransHope, its fellow complainant in the matter, “for their courage and persistence in standing up for the dignity and safety of our community, even in the face of intimidation and hostility.”
The Hate Crimes Working Group added that it will not relent in demanding the full enforcement of the Prevention and Combating of Hate Crimes and Hate Speech Act of 2023 in the case.
