Hate speech is prohibited under South African law, according to the SAHRC.

The South African Human Rights Commission (SAHRC) has confirmed that it is investigating Sport, Arts and Culture Minister Gayton McKenzie over his old social media posts, which included the use of the ‘k-word’.
McKenzie faced public backlash after posts he made on X, formerly known as Twitter, between 2011 ad 2017 recently resurfaced.
The controversy emerged while he was condemned the hosts of the Open Chats Podcast, who had previously made degrading remarks about the coloured community.
In response, social media users unearthed McKenzie’s own tweets, which allegedly contained racial slurs aimed at black South Africans.
McKenzie, however, has denied being racist, insisting that the uproar is part of a politically motivated campaign orchestrated by the Economic Freedom Fighters (EFF).
SAHRC probes McKenzie over k-word posts
While some have called on President Cyril Ramaphosa to fire for McKenzie, ActionSA lodged a complaint with the SAHRC, which has confirmed that it is investigating the minister’s “offensive posts” for hate speech.
“The commission has opened an investigation following receipt of several complaints from political parties and individuals regarding the posts and alleged xenophobic utterances by minister McKenzie.
“The commission has also noted outrage on social media and in the press regarding these utterances,” the SAHRC said in a statement on Friday.
The commission indicated that McKenzie’s comments could constitute prima facie violations of the Promotion of Equality and Prevention of Unfair Discrimination Act, also known as the Equality Act.
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As part of the process, the SAHRC has sent an allegation letter to the minister.
“Thereafter, the commission will determine the best way forward which may include instituting proceedings in the relevant Equality Court,” the statement further reads.
The SAHRC emphasised that while freedom of expression is a constitutional right, “it is not absolute”, and hate speech is prohibited under South African law.
“Given his position, minister McKenzie’s conduct is expected to conform to ethical standards that is becoming of a minister and a member of Parliament.”
ActionSA reacts
ActionSA welcomed the SAHRC’s announcement, stressing that McKenzie must be held accountable.
“We maintain that South Africa cannot have a sitting Cabinet Minister who holds such views, whether past or present, without being held to account,” ActionSA MP Alan Beesley said on Saturday.
“ActionSA looks forward to the commission communicating the next steps in holding the minister to account.
“We also urge the SAHRC to furnish an update on the investigation into the Open Chats Podcast regarding repugnant comments made against the coloured community.
“Racism must be confronted with consequences, no matter who the perpetrator is or their status in society,” the party’s statement reads.
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