Cederberg councillor and former speaker John Hayes.
Image: Supplied
The South African Human Rights Commission (SAHRC) has hauled DA councillor Dr John Hayes to the Equality Court over a social media post in which he compared a political protest to monkeys and baboons looting.
The 2023 post targeted Economic Freedom Fighters (EFF) members during a demonstration in the Cederberg Municipal Council and sparked widespread condemnation at the time.
The protest involved street demonstrations aimed at expressing dissatisfaction with government policies. In that context, Hayes, a former municipality speaker, posted a video of monkeys interacting with a car, accompanied by remarks comparing the footage to the behaviour of protesters.
The post prompted complaints and a formal disciplinary process within the municipality.
According to municipal communications official Anthony Mlata, an internal disciplinary process conducted in line with the Uniform Standing Procedures (USP) for councillors found Hayes guilty of conduct with racist connotations after he compared the protest to "monkeys and baboons looting".
"The disciplinary committee recommended a 12-month suspension; however, the MEC for Local Government in the Western Cape decided the sanction to be one month," Mlata said.
The recommendation was made during disciplinary hearing proceedings on April 1, 2026. Mlata confirmed the matter was handled internally and guided by the USP for councillors.
He added that councillor conduct is governed through mechanisms including the Municipal Structures Act, rules of order, and enforcement of the Councillor Code of Conduct to ensure public representatives uphold constitutional values and protect the dignity of residents.
On preventing similar incidents, Mlata said the municipality provides access to Councillor Code of Conduct training, compliance measures, and complaints monitoring, adding that political parties also have a responsibility to ensure their councillors adhere to these standards.
Efforts to rebuild trust with affected communities would include public relations campaigns, ward committee engagements, and community outreach sessions.
Mlata noted the matter has also been addressed by Hayes and that further steps include stricter enforcement of the Code of Conduct, social media monitoring, and political party engagements.
Provincial manager for SAHRC Zena Nair confirmed they had initiated proceedings against Hayes in the Equality Court.
She said the legal action is based on provisions governing freedom of expression and hate speech, with the Commission seeking a declaration that the post amounts to hate speech in contravention of section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act.
Nair explained that the relief sought includes an unequivocal apology to the EFF and the public, payment of R50 000 in damages to an organisation promoting social cohesion, completion of racial sensitivity training, and payment of legal costs.
According to Nair, Hayes was requested to provide a response to the allegations on three occasions but failed to do so.
"As a matter of public policy, actions of influential persons which can and do influence citizens are to be held to a higher standard," she said, explaining why the matter was referred to the Equality Court.
DA spokesperson, Matthew Sims said: "We still don't have a comment on this at this time".
EFF spokesperson Thato Lebyane meanwhile criticised the one-month suspension, saying it was insufficient.
"Councillors have been dismissed for far lesser offenses. It sends out a clear message that under the DA, racism will continue to be tolerated," he said.
"Dr John Hayes shows no remorse for his actions and still fails to acknowledge the racism implied in his post when he likens the members of the EFF to baboons."
He said the party would continue to pursue the matter through the courts.
The ANC in the Western Cape welcomed the disciplinary finding, saying it affirmed concerns about leadership standards in DA-governed municipalities.
ANC provincial spokesperson Sifiso Mtsweni said the councillor’s actions undermined the values of unity and respect expected of public representatives.
Cape Times