Equality court orders Mchunu to apologise, pay R250k

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Johannesburg – The South African Human Rights Commission (SAHRC) has welcomed a Johannesburg High Court Equality Court ruling against public figure Ngizwe Mchunu, after the court found that his conduct and publications amounted to hate speech, harassment and unfair discrimination against LGBTQIA+ people.

The case was brought by the SAHRC, alongside TransHope and the Hate Crimes Working Group, represented by Lawyers for Human Rights. The Commission said it had previously attempted to resolve the matter outside court by demanding that Mchunu remove the offending content, stop publishing discriminatory material and issue a public apology, but he rejected the demands and maintained that he stood by his remarks.

The Equality Court reviewed videos, a flyer published between 30 September and 6 October 2025, and a march to Kwa Mai Mai Traditional Market on 5 October 2025. The court found that the material and actions violated sections of the Promotion of Equality and Prevention of Unfair Discrimination Act relating to hate speech, harassment and discrimination.

“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 SAHRC said.

As part of the ruling, Mchunu has been permanently prohibited from publishing discriminatory content targeting LGBTQIA+ people and from organising or participating in related demonstrations. He has also been ordered to issue an unconditional public apology, which must remain pinned on his Facebook page for three months.

The court further ordered Mchunu to pay R250,000 towards organisations promoting equality and social cohesion, complete 20 hours of human rights sensitisation training, and cover the complainants’ legal costs.

The SAHRC described the ruling as an important constitutional affirmation, saying: “Hate speech and discriminatory conduct, particularly against vulnerable and historically marginalised communities, will not be tolerated in South Africa’s constitutional democracy.”

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