Local Government MEC Anton Bredell.
Image: Phando Jikelo/RSA Parliament
Local Government MEC Anton Bredell has refused to explain why he reduced a 12-month suspension recommended by a disciplinary committee for Cederberg councillor John Hayes to just one month.
Hayes is now being hauled to the Equality Court by the South African Human Rights Commission (SAHRC) over a 2023 social media post in which he compared a political protest to monkeys and baboons looting.
He was found guilty by a disciplinary committee appointed by the Cederberg municipal council of grossly inappropriate conduct with racial connotations, with the council ruling that his actions undermined its credibility and integrity.
Cederberg councillor and former speaker John Hayes.
Image: Supplied
The findings and sanctions were adopted and recommended to Bredell.
The municipality earlier this week said “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.”
When contacted on Thursday, Bredell’s spokesperson, Wouter Kriel said: “The (MEC) stands by his decision and won’t be making any further comments on the matter at this time."
Speaking to the Cape Times Thursday, Hayes said he would take the findings on legal review.
The post followed an EFF 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.
EFF provincial chairperson, Unathi Ntame earlier this week said the sanction was too lenient and reflected inconsistency in how such matters are dealt with.
“MEC Bredell is not consistent. Councillors have been dismissed for far lesser offences. It sends out a clear message that under the DA, racism will continue to be tolerated," Ntame said.
Hayes said he would challenge the findings of the committee claiming it was chaired by a conflicted councillor.
“I was found guilty by a vindictive (disciplinary council) chaired by a councillor who I laid criminal charges for corruption,” he said.
“I plan to take it on legal review. We always challenged the processes. There was no record of proceedings and that was even done at a councillors house. The legal process was so flawed,” he said.
Hayes described himself as “anti-racism and a liberal”
“The video emphasis was on looting and I saw it as satirical.
“I removed it the next day when I was made aware of the sensitivity and placed a separate post to apologise if I offended people with the repost.
“The video was reposted by more than 1000 people.”
The SAHRC said it had instituted legal action with the Equality Court, 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.
It is seeking relief that includes an unequivocal apology to the EFF and the public, a payment of R50 000 in damages to an organisation promoting social cohesion, completion of racial sensitivity training, and payment of legal costs.
On Wednesday, Provincial manager for SAHRC Zena Nair said Hayes had been requested three times to make submissions to the commission but had failed to do so.
Hayes however said he never received any formal correspondence from the commission.
“Ask them to give proof of their requests. I received one phone call and never got any written requests,” he said.
“I was found guilty of reposting a video with racial connotation. I was not found guilty of racism or racist behaviour,” he added.
Nair subsequently said the commission had called and emailed Hayes since 2023.
“When we went to the Equity Court it was only after we had been getting no replies from him for years. He was supposed to make submissions to the Equity Court by October 18 but he still has not filed them,” she said.
Cape Times