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The South African Human Rights Commission’s (SAHRC/ the Commission) update on its investigative work regarding complaints against Open Chats Podcast hosts, Minister Gayton McKenzie, TikTok viral video and Knysna High School alleged incidences of hate speech and related matters. 

Open Chats Podcast

Following the circulation of offensive remarks on the Open Chats Podcast regarding the Coloured community by Mthokozisi Methula, Honeshna Margarido, Gontse Madikwane and Lefa Hlalele, the Commission issued a letter of demand to the parties in pursuance of litigation before the Equality Court. 

The letter demanded that the hosts tender a full, unconditional and unequivocal apology which should be read on the podcast and be submitted to the Commission. The letter further demanded that the hosts retract the statements, and remove the episode from all its platforms, among other remedies. The podcasters agreed to the terms as demanded by the Commission and agreed to comply with the Commission’s terms. They further undertook to refrain, in both speech and conduct, from any actions that constitute hate speech, racism, or related forms of discrimination. 

As part of the settlement, the podcasters, at their own cost, will undergo diversity and sensitivity training as well as perform community service. The apology issued by Mthokozisi Methula, Honeshna Margarido, Gontse Madikwane and Lefa Hlalele includes the following excerpt:

We, here at Open Chats Podcast, wish to unconditionally, and unreservedly apologise for the hurt and the harm we caused to the Coloured Community and to South Africa at large and take accountability for our utterences! Our statements in the episode were racist, sexist, unfortunate, irresponsible, reckless and unAfrican.

Our statements have caused much outrage and offence not only in the Coloured Community of South Africa but to all South Africans irrespective of Race, Colour or Creed.

We are disappointed with ourselves and the blatant disregard we showed when talking about a vulnerable group of people. We remain remorseful and request the forgiveness of the Coloured Community of South Africa and all South Africans.

Minister Gayton McKenzie

Following receipt of complaints regarding social media posts and alleged xenophobic utterances by Minister Gayton MacKenzie, the Commission assessed the matter and came to a view that utterances made by Minister McKenzie are prima facie violations of the provisions of the Promotion of Equality and Prevention of Unfair Discrimination Act (Equality Act), 2000. Consequently, the Commission sent an allegation letter to Minister McKenzie. The Commission has not received a response from the minister.  

Decision: The Commission has taken a decision to urgently take the matter to the Equality Court Equality Court as empowered by section 13(3)(b) of the South African Human Rights Commission Act 40 of 2013 (SAHRC Act), read with section 20 of the Equality Act, 2000.  

TikTok Video – K-Word

The Commission is aware of a TikTok video in which a woman makes use of the k-word whilst coercing what appears to be her domestic worker into repeating the epithet. This degrading act is a gross violation of human dignity, equality, and the spirit of our constitutional democracy. 

Decision: In addition to opening own accord investigation, the Commission is looking for the alleged victim to assist them to lay criminen injuria charges. Those with information that may assist the Commission to promptly reach the alleged victim are requested to send to GPComplaints@sahrc.org.za , 011 877 3750 or 082 059 6520.

Knysna High School racial incident

The Commission has noted with concern a viral video where a learner is alleged to have used the k-word reportedly during a school event. The Commission has also noted a letter by the School and a statement by the  Western Cape Department of Education (WCED) on the matter. 

Decision: The Commission received a complaint and is investigating the matter. An allegation letter has been sent to the WCED copying in the Principal as part of the investigation.   

The Commission reiterate its call on everyone in the country to uphold the principles enshrined in the Constitution, including human dignity, equality, and non-discrimination.  

Issued by South African Human Rights Commission