A Democratic Alliance (DA) politician in the Western Cape is already back at his desk, despite being found guilty of a racist social media post that compared black protesters to monkeys. Dr John Hayes, a councillor in the Cederberg municipality, has had his year-long punishment cut down to just one month by a fellow DA leader.
The decision has caused a massive row in the province, with opposition parties accusing the DA of protecting its own and failing to take racism seriously. While a disciplinary committee said Hayes should be suspended for 12 months, the Western Cape’s Minister of Local Government, Anton Bredell, stepped in to slash the penalty.
The Post That Started the Fight
The trouble began in March 2023, during a national protest organized by the Economic Freedom Fighters (EFF). At the time, Hayes was the Speaker of the Cederberg Municipality. He shared a video on Facebook that showed monkeys interacting with a car.
Alongside the video, Hayes made comments that compared the animals' behaviour to that of the protesters. The EFF immediately complained, saying the post was deeply offensive and racist.
Hayes later took the post down and said sorry, claiming it was meant to be "satire" to relieve stress during a tense time. "The video emphasis was on looting, and I saw it as satirical," Hayes defended himself. "I am not a racist and do not use colour or race as a reference."
A "Slap on the Wrist"
After a long investigation, a municipal disciplinary committee found Hayes guilty of conduct that had "racist connotations." They felt his actions were so serious that he should be suspended without pay for a full year.
However, under South African law, the provincial minister—in this case, the DA’s Anton Bredell—has the final say on such punishments. Bredell decided that 12 months was too long and reduced it to just 30 days.
The Cederberg municipality confirmed that Hayes has already served his one-month suspension and is back in his position. The DA and Minister Bredell have both refused to explain why the punishment was reduced so drastically.
"Never Let Them Get Away With It"
The EFF is not letting the matter go. They have taken the case to the Equality Court, arguing that the post was "hate speech." The party says that the DA's decision to cut the suspension is proof that the party is "inconsistent and lenient" when it comes to its own members. The South African Human Rights Commission (SAHRC) has also launched its own investigation into the councillor, making it clear that the municipal process was not the end of the road for Hayes.
"The EFF will never allow the DA to get away with racism," said Unathi Ntame, the EFF’s chairperson in the Western Cape. He promised that the party would keep fighting the matter in court and would remind voters about the incident in the next elections.
The ANC has also weighed in, saying that racism has no place in the government. "This matter raises serious concerns about accountability and leadership within municipalities governed by the DA," said ANC spokesperson Sifiso Mtsweni.
The Human Rights Commission Steps In
The SAHRC says it decided to start its own investigation after Hayes failed to answer their letters. They are now asking the High Court to declare the post as illegal hate speech.
Zena Nair, the provincial manager for the SAHRC, confirmed that the case is moving forward. If the court rules against Hayes, he could face much more serious consequences than a one-month suspension.
For now, Dr John Hayes remains in office, but the shadow of the "monkey" post continues to hang over his political career. As the legal battles move to the High Court, the DA faces growing pressure to show that it really does have a "zero tolerance" policy for racism in its ranks.
