The South African Human Rights Commission (SAHRC) has decided to refer the matter involving controversial media personality Ngizwe Mchunu to the Equality Court, following his refusal to apologise for statements deemed discriminatory against the queer community.
The decision was finalised on Monday, October 13, after Mchunu defiantly rejected the commission’s directive to issue a public apology for remarks that the SAHRC found to constitute hate speech.
Mchunu, a former Ukhozi FM presenter and cultural commentator known for his fiery opinions on traditional and social issues, sparked outrage last week after condemning same-sex couples for donning traditional attire, particularly Zulu regalia.
Lashes at newlyweds
The controversy began after videos and images of the wedding between Simon Sean Nhlapo and Crosby Jodwana circulated widely on social media. The couple, celebrated within South Africa’s LGBTQ+ community, were dressed in striking traditional regalia, with Nhlapo in full Zulu regalia and Jodwana in Xhosa attire. While the date and location of the ceremony remain unclear, the visuals quickly drew both admiration and criticism online.
Mchunu’s response was swift and inflammatory. In his online commentary, he accused same-sex couples of “disrespecting” cultural traditions by wearing attire reserved, in his view, for heterosexual unions.
His comments divided the public, some applauding him for defending culture, while others, including LGBTQ+ activists and allies, condemned his remarks as homophobic and intolerant.
Following numerous complaints, the SAHRC launched an investigation. In a statement released on Thursday, October 9, the commission concluded that Mchunu’s comments amounted to hate speech under Section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act (Equality Act). He was instructed to issue a formal apology to the queer community and remove the offending content from his platforms.
Commission will get apology from grave
However, Mchunu flatly refused to comply, telling the commission that they would get his apology from his grave. In a now-viral video clip, he doubled down on his stance.
“I have no idea how they came to that conclusion. They can shove it. I stand by my words, they were meant to defend our culture.”
Tshepo Madlingozi from SAHRC confirmed to Sunday World that the commission has now resolved to initiate legal action.
“The full cohort of commissioners has approved urgent litigation in this regard,” Madlingozi said.
Wisani Baloyi, also speaking on behalf of the SAHRC, explained that the matter will be pursued under the Equality Court in accordance with Section 13(3)(b) of the South African Human Rights Commission Act 40 of 2013, read together with Section 20 of the Equality Act, 2000.
The SAHRC has frequently taken a strong stance against hate speech targeting vulnerable communities, including the LGBTQ+ community, which remains a protected group under South African law. The Equality Court has, in past rulings, imposed fines, mandatory apologies, and public education orders against individuals found guilty of promoting intolerance or discrimination.
Attempts to reach Mchunu for comment were unsuccessful at the time of publication.
