SAHRC takes Gayton McKenzie to Equality Court over use of k-word in old tweets

South African Human Rights Commission (SAHRC) has announced plans to urgently approach the Equality Court to initiate legal proceedings against Minister of Sports, Arts and Culture, Gayton McKenzie, over historic tweets containing racial slurs, including the use of the “k-word.”

In a formal statement issued on Tuesday, the commission confirmed that it is acting on multiple complaints received regarding McKenzie’s social media activity between 2011 and 2017, as well as alleged xenophobic remarks attributed to him.

“Following receipt of complaints regarding social media posts and alleged xenophobic utterances by Minister Gayton McKenzie, the Commission assessed the matter and came to a view that utterances made by Minister McKenzie are prima facie violations of the provisions of the Promotion of Equality and Prevention of Unfair Discrimination Act (Equality Act), 2000,” the SAHRC stated.

The Commission has invoked its statutory powers in line with Section 13(3)(b) of the South African Human Rights Commission Act 40 of 2013, read with Section 20 of the Equality Act, to bring the matter before the Equality Court on an urgent basis.

The controversial tweets were posted years before McKenzie entered formal public office, during a time when he was not yet an MP or serving in Cabinet.

However, the posts resurfaced recently after McKenzie weighed in on public outrage over racially charged comments made in an episode of the Open Chats podcast, in which the Coloured community was targeted.

In the wake of renewed attention to the old posts, political parties and concerned individuals lodged formal complaints with the SAHRC.

In August, the Commission confirmed it had initiated an investigation into both the historic tweets and recent allegations of xenophobic rhetoric.

McKenzie, who leads the Patriotic Alliance, has dismissed the SAHRC’s approach, accusing the commission of acting prematurely and unfairly.

He claimed that the commission has defamed him by effectively releasing preliminary findings without first conducting a full investigation or allowing him to respond.

The minister asserted that he only received the SAHRC’s letter several days after its release due to it being sent to an outdated email address.

He further defended the tweets in question, stating: “Not one of my tweets has demonstrated any intention to harm, incite harm, or promote hatred.”

The Equality Act, however, places emphasis not only on intent but also on the potential impact of words to cause harm or perpetuate discrimination.

In addition to the McKenzie case, the SAHRC is currently pursuing several other related matters, including an investigation into a racial incident at Knysna High School and offensive remarks targeting the Coloured community made during the aforementioned Open Chats podcast episode.

This latest legal action against a sitting Cabinet minister underscores the SAHRC’s intensified focus on holding public figures accountable for speech that may violate South Africa’s constitutional principles of dignity, equality, and non-discrimination.

kamogelo.moichela@iol.co.za

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