SA Human Rights Commission to Take Minister McKenzie to Court Over Offensive Tweets
The South African Human Rights Commission (SAHRC) is set to take urgent legal action against Sports, Arts and Culture Minister Gayton McKenzie over a series of old tweets in which he used the “k-word.” This decision was announced by SAHRC commissioner Tshepo Madlingozi during an event on Tuesday morning.
Madlingozi revealed that the commission had previously sent McKenzie an "allegation letter" regarding the tweets but had received no response. “As long as the tweets are [still] there, we will be going to court on an urgent basis,” he stated, highlighting the commission's determination to address the matter.
The controversial tweets were posted between 2011 and 2017, prior to McKenzie’s tenure as a Member of Parliament or Cabinet minister. Their resurfacing was triggered by McKenzie’s comments regarding an incident involving the Open Chats podcast, whose hosts made derogatory remarks about coloured individuals.
In August, the SAHRC opened an investigation after receiving numerous complaints from political parties and individuals regarding McKenzie’s tweets and alleged xenophobic remarks. The commission noted that these posts likely constituted prima facie violations of the Promotion of Equality and Prevention of Unfair Discrimination Act, also known as the Equality Act.
Following the investigation, the SAHRC sent McKenzie the aforementioned “allegation letter,” indicating that they would later evaluate whether to approach the Equality Court. This has intensified scrutiny on the minister’s past statements.
In response, McKenzie claimed that the SAHRC had “defamed” him by prematurely releasing what he described as preliminary findings, without conducting a full investigation or allowing him a chance to respond. He contended that the letter was sent to an obscure email address, resulting in delays in his awareness of the allegations.
“A full review of the context easily reveals, however, that all the posts the SAHRC decided to concentrate on in their letter to me were non-racial in nature and, in fact, were intended to challenge and reject racism,” McKenzie argued in August. He maintained that “not one of my tweets has demonstrated any intention to harm, incite harm, or promote hatred… Instead, they reflect my consistent anti-racist stance.”
As the situation unfolds, it raises questions about accountability and the responsibilities of public officials regarding their past statements. The SAHRC's commitment to addressing potential violations of human rights highlights the ongoing battle against racism and discrimination in South Africa.
The commission’s forthcoming court action against McKenzie is a crucial step in its efforts to uphold the tenets of the Equality Act. As the legal proceedings progress, many will be watching closely to see how this high-profile case impacts discussions around race, discrimination, and the accountability of public figures in the country.
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