SAHRC Drags Gayton McKenzie to Equality Court Over Racial Slur Tweets
Viable News Team 
Johannesburg – The South African Human Rights Commission (SAHRC) has confirmed it will urgently approach the Equality Court to take action against Sports, Arts and Culture Minister Gayton McKenzie over historic tweets in which he allegedly used the k-word and made xenophobic remarks.
In a statement issued on Tuesday, the SAHRC said it had received multiple complaints about McKenzie’s posts made between 2011 and 2017. The Commission found the remarks to be prima facie violations of the Promotion of Equality and Prevention of Unfair Discrimination Act (Equality Act).
“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 Equality Act,” the SAHRC confirmed.
Tweets Resurface Amid Public Outrage
The posts in question were made before McKenzie entered public office, years before his election to Parliament and subsequent appointment as a Cabinet minister. They resurfaced after McKenzie commented on public outrage over racially charged remarks made during an episode of the Open Chats podcast, where the Coloured community was targeted.
Following renewed scrutiny, political parties and concerned individuals lodged formal complaints with the SAHRC. In August, the Commission confirmed it had already launched an investigation into both the historic tweets and McKenzie’s alleged xenophobic rhetoric.
McKenzie’s Response
The minister, who also leads the Patriotic Alliance, has dismissed the SAHRC’s move as premature and defamatory.
He accused the Commission of releasing preliminary findings before affording him a fair opportunity to respond. McKenzie further claimed he only received the SAHRC’s correspondence days later because it was sent to an outdated email address.
Defending his past remarks, McKenzie said:
“Not one of my tweets has demonstrated any intention to harm, incite harm, or promote hatred.”
However, under the Equality Act, intent is not the only consideration; the law also takes into account the potential impact of words in perpetuating harm or discrimination.
Wider Investigations
The SAHRC’s action against McKenzie forms part of a broader effort to hold public figures and institutions accountable for discriminatory speech. The Commission is also investigating a racial incident at Knysna High School and offensive comments targeting the Coloured community made during the Open Chats podcast.
This case marks one of the most high-profile Equality Court referrals in recent years, with the Commission emphasising its mandate to protect South Africa’s constitutional principles of dignity, equality, and non-discrimination.
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