McKenzie faces Equality Court over resurfaced racial slur posts

SPORT, Arts and Culture Minister Gayton McKenzie says he is ready to meet the South African Human Rights Commission (SAHRC) in court over allegations that his social media remarks, which included the use of the K-word may have violated the Promotion of Equality and Prevention of Unfair Discrimination Act.

McKenzie has been under fire after social media posts from 2011 resurfaced online, containing racial slurs, including the use of the “K-word.”

In a statement on Wednesday, the SAHRC said it moved to investigate the matter following several complaints about the posts as well as alleged "xenophobic utterances". 

The SAHRC said it was now preparing to haul McKenzie before the Equality Court. 

“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.

“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.” 

McKenzie had accused the SAHRC of defamation, claiming it went public with allegations of hate speech before affording him a hearing.

He denied the allegations and maintains he is not racist or xenophobic and would be willing to challenge the allegations in court.

In response to the SAHRC’s statement, McKenzie on Wednesday took to social media saying he looked forward to his day in court to deal with issues that are not spoken about publicly. 

“I will be charged for racism, a charge I deny. I will also be charged with xenophobia, another charge I deny. Th(ese) charges are a blessing in disguise because it will give us a chance to publicly deal with matters no one is speaking about,” he said. 

Save our Sacred Lands convenor Tauriq Jenkins said the SAHRC was within its rights to approach the Equality Court, as it was acting in line with its mandate.

“The SAHRC is bound by its statutory commitment to ensure the constitutional values are upheld. It is important to see this within a broader context, this is a symptom of a broader framework of thinking and actions that are in direct contradiction with the spirit of our constitution,” he said.

Cape Times