Ngizwe Mchunu loses hate speech case, ordered to apologise and pay R250,000

Ngizwe Mchunu faces the Equality Court ruling for hate speech against the LGBTQIA+ community.

Image: Itumeleng English/Independent newspapers

The South African Human Rights Commission (SAHRC) has welcomed a Johannesburg High Court sitting as an Equality Court ruling against public figure Ngizwe Mchunu, in a case involving hate speech, harassment, and unfair discrimination targeting LGBTQIA+ people.

The Commission, alongside TransHope and the Hate Crimes Working Group represented by Lawyers for Human Rights, confirmed the outcome of proceedings which found that Mchunu’s conduct and publications violated South Africa’s equality legislation.

The SAHRC said it had initially attempted to resolve the matter outside court, but those efforts failed.

The Commission had “sought to resolve the matter directly with Mchunu demanding amongst others that he ceases publishing or promoting content amounting to hate speech or discrimination against Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex, and Asexual/Aromantic (LGBTQIA+) persons, to remove all offending material from his platforms within 24 hours, and to issue a public retraction and apology acknowledging the harm caused.”

It added that Mchunu rejected the Commission's demands, refused to apologise and publicly stated that he stood by his remarks.

The Equality Court reportedly examined a series of videos and a flyer published between 30 September and 6 October 2025, as well as a march to the Kwa Mai Mai Traditional Market on 5 October 2025.

The court found the conduct amounted to violations of sections 10, 11 and 6 of the Promotion of Equality and Prevention of Unfair Discrimination Act, including hate speech, harassment and unfair discrimination.

“The High Court's order follows proceedings in which the Court considered statements and conduct by Mchunu directed at members of the LGBTQIA+ community,” the Commission said.

It further stated that “The Court found that a series of videos and a flyer published by Mchunu between 30 September and 6 October 2025 constituted hate speech, harassment, and unfair discrimination.”

The court has imposed a series of remedies aimed at both punishment and rehabilitation.

These include a permanent ban on Mchunu publishing discriminatory content against LGBTQIA+ people and restrictions on organising or participating in related demonstrations. He has also been ordered to issue an unconditional public apology, which must be “published and pinned on his Facebook page for a period of three months.”

Further sanctions include a requirement to pay R250,000 towards organisations working on equality and social cohesion, as well as compulsory human rights training.

The Commission noted that Mr Mchunu must undergo “20 hours of human rights sensitisation training under the auspices of the Commission or an approved institution,” and pay the complainants’ legal costs.

The SAHRC welcomed the ruling, describing it as a constitutional affirmation against discrimination.

“The Commission welcomes this outcome as a strong affirmation that hate speech and discriminatory conduct, particularly against vulnerable and historically marginalised communities, will not be tolerated in South Africa's constitutional democracy, the”Commission said.

It added that the judgment reinforces foundational rights, stating that it underscores the centrality of dignity, equality, and freedom from discrimination as foundational constitutional values.

The Commission further praised the court’s approach, saying it was “particularly encouraged by the Court's use of both corrective and restorative remedies, including public apology and human rights education,” adding that this “contributes not only to accountability but also to transformation and social cohesion.”

The SAHRC reaffirmed its broader mandate, stating that it remains steadfast in its mandate to promote, protect, and monitor the observance of human rights and will continue working with civil society and community structures “to combat hate speech, advance equality, and foster a society grounded in respect for diversity and human dignity.”