Cape Town – The South African Human Rights Commission (SAHRC) will urgently approach the Equality Court to take legal action against Sports, Arts and Culture Minister Gayton McKenzie over historic tweets (2011–2017) containing racial slurs, including the “k-word,” and alleged xenophobic remarks.
On Tuesday, the commission announced in an official statement that it is pursuing action following several complaints about McKenzie’s social media posts from 2011 to 2017, along with accusations of xenophobic comments linked to him.
The Commission says McKenzie’s comments appear to breach the Promotion of Equality and Prevention of Unfair Discrimination Act.
“Following receipt of complaints regarding social media posts and alleged xenophobic utterances by Minister Gayton McKenzie, 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,” the SAHRC stated.
Media Statement on recent incidences pic.twitter.com/h71N4yPjAK
— SAHRCommission (@SAHRCommission) September 2, 2025
“Consequently, the Commission sent an allegation letter to Minister MKenzie. The Commission has not received a response from the minister. The Commission has taken a decision to urgently take the matter to the Equality Court as empowered by section 13(3)(b) of the South African Human Rights Commission.”
The posts resurfaced after McKenzie commented on racially charged remarks from the Open Chats podcast, prompting new complaints.
McKenzie has rejected the SAHRC’s move as premature and unfair, claiming he was not given a fair chance to respond. He insists his tweets did not intend to harm or incite hatred, though the Equality Act considers both intent and impact.
The SAHRC’s case forms part of broader efforts to hold public figures accountable for discriminatory speech, alongside investigations into other racial incidents in South Africa.
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Compiled Betha Madhomu
