The Equality Court in Johannesburg has ruled that radio personality and social commentator Ngizwe Mchunu engaged in hate speech, harassment and unfair discrimination against LGBTQIA+ persons, ordering him to pay R250 000 and undergo mandatory human rights training.
The ruling, handed down on 19 June 2026, follows proceedings brought by the South African Human Rights Commission (SAHRC), TransHope and the Hate Crimes Working Group, represented by Lawyers for Human Rights.
The court found that a series of videos and a flyer published by Mchunu between 30 September and 6 October 2025 constituted hate speech and violated sections 10, 11 and 6 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000.
The court also determined that Mchunu’s march to the Kwa Mai Mai Traditional Market on 5 October 2025 amounted to harassment and unfair discrimination against the LGBTQIA+ community.
Before instituting litigation, the commission attempted to resolve the matter directly with Mchunu, demanding that he cease publishing content amounting to hate speech, remove all offending material from his platforms within 24 hours, and issue a public retraction and apology. Mchunu rejected these demands, refused to apologise and publicly stated that he stood by his remarks.
Court-ordered remedies
The Equality Court has imposed several remedies to address the harm caused and prevent further violations:
- A permanent prohibition on Mchunu from publishing or disseminating content that discriminates against LGBTQIA+ persons
- A permanent prohibition on organising or participating in demonstrations that promote discrimination against LGBTQIA+ communities
- An order requiring Mchunu to issue an unconditional public apology, to be published and pinned on his Facebook page for three months
- A directive to pay R250 000 to support the work of civil society organisations promoting equality, social cohesion and the prevention of hate crimes
- A requirement to undergo 20 hours of human rights sensitisation training under the auspices of the commission or an approved institution
- An order that Mchunu pay the complainants’ legal costs
Commission’s response
The commission welcomed the 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 was particularly encouraged by the court’s use of both corrective and restorative remedies, including public apology and human rights education, which contribute not only to accountability but also to transformation and social cohesion.
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“The commission reiterates that public figures bear a heightened responsibility to uphold constitutional values. Speech that incites hatred or legitimises discrimination has real-world consequences and undermines the rights and safety of LGBTQIA+ people,” the commission said in a statement.
The commission said it remains steadfast in its mandate to promote, protect and monitor the observance of human rights, and will continue to work collaboratively with civil society partners, traditional leaders, faith-based communities and the broader public to combat hate speech, advance equality and foster a society grounded in respect for diversity and human dignity.
