Women, youth and persons with disabilities dept welcomes SAHRC ruling against Ngizwe Mchunu

Former radio DJ directed to desist from making further hateful remarks, remove offensive content and issue public apology

Former Ukhozi FM DJ Ngizwe Mchunu's supporters at the Randburg magistrate's court on July 28 2021. Mchunu, who is facing a charge of incitement to commit public violence, is applying for bail.
Former Ukhozi FM DJ Ngizwe Mchunu's supporters at the Randburg magistrate's court in 2021. File photo (ALON SKUY)

The women, youth and persons with disabilities department has welcomed the South African Human Rights Commission’s (SAHRC) ruling against former Ukhozi FM DJ and Amabhinca Nation leader Ngizwe Mchunu, who was found to have made derogatory and discriminatory comments against the LGBTQI+ community.

The commission issued directives ordering Mchunu to:

  • desist from making further hateful remarks;
  • remove all offending content from his social media platforms; and
  • issue a public apology and retraction.

Mchunu posted a video on social media in which he made offensive remarks about members of the LGBTQI+ community, claiming men dating other men were responsible for “social problems” in South Africa. He also singled out media personality Somizi Mhlongo, saying he should “leave the country with his nation”.

“The department commends the SAHRC for its committed and principled efforts to uphold constitutional values of dignity, non-discrimination and equality,” it said.

“The constitution clearly states that everyone is equal before the law and neither the state nor any individual or organisation may unfairly discriminate, directly or indirectly, on any grounds, including gender, sex, sexual orientation and other statuses.”

The SAHRC’s directive affirms sections 9 and 10 of the constitution, as well as the Promotion of Equality and Prevention of Unfair Discrimination Act, which ensure no-one in the country can engage in sexism or gender-based discrimination without consequence.

Our democracy is strengthened when every individual recognises that freedom of expression carries responsibilities, and it does not extend to demeaning or demonising others

—  Department of women, youth and persons with disabilities

“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,” said the department.

It called on Mchunu to “immediately comply in full” with the SAHRC’s directives, which are for Mchunu to:

  • cease publishing or promoting any further content that incites violence or constitutes hate speech; and
  • remove all offending content from his social media accounts within 24 hours of receiving the commission’s letter.

“By complying with the directives, Mchunu will not only avert further legal consequences but will also contribute towards healing divisions, reinforcing responsible public discourse and upholding our democratic order,” the department said.

“His compliance would signal respect for constitutional values, the rule of law, and the dignity of all people.

“Our democracy is strengthened when every individual recognises that freedom of expression carries responsibilities, and it does not extend to demeaning or demonising others. We urge Mchunu to heed the SAHRC’s directives immediately to restore public confidence in respectful and rights-aligned public discourse.”

The department reaffirmed the government’s stance against all forms of sexism, gender-based discrimination and hate speech, emphasising the importance of fostering an inclusive and respectful environment for all.

“Through the promotion of social cohesion and community involvement, we foster an inclusive, respectful and supportive environment where individuals of all sexual orientations, gender identities and expressions feel valued and safe.

“[We] remain committed in collaboration with the SAHRC, civil society and relevant arms of government to promoting a society in which every person, irrespective of gender or sexual orientation, can live free from harassment, discrimination or harm.”

TimesLIVE


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