SAHRC escalates investigation against Gayton McKenzie over K-word controversy

Despite Minister of Sports, Arts and Culture Gayton McKenzie promising to engage directly with the South African Human Rights Commission (SAHRC) over the use of the K-word in old tweets, the commission has revealed that it has not received any response from the leader of the Patriotic Alliance (PA).

This comes as the commission, in a statement, revealed that it will be taking the matter to the Equality Court. Early this month, SAHRC revealed that it has launched a formal investigation into McKenzie for 2009 tweets, in which he allegedly referred to black people in a divisive racial slur.

On Tuesday, the commission said it was investigating various incidents where people used the derogatory term, including one involving the hosts of the Open Chats podcast, who angered McKenzie, leading him to threaten shutting down the podcast.

"Following the receipt of complaints regarding social media posts and alleged xenophobic utterances by Minister Gayton McKenzie, the commission assessed the matter and came to the view that utterances made by the minister 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," it stated.

Last week, McKenzie's spokesperson, Stacey-Lee Khojane, had said: "The Ministry will engage directly with SAHRC and not through the media. I suggest you also liaise directly with them on the case. Findings can be communicated once the investigation is complete."

The SAHRC said it had requested that the minister retract his statements, delete the offending tweets, and undertake sensitivity training.

However, as a result of the minister's failure to respond to them, the commission has confirmed that it has taken the matter with the Equality Court.

"The commission has decided to urgently take the matter to the Equality Court as empowered by Section 13(3)(9)(b) of the South African Human Rights Commission Act 40 of 2013 (SAHRC) Act, read with Section 20 of the Equality Act."

It also indicated that it has noted the full apology by the Open Chat podcast presenters, who, as part of the settlement, have shown their willingness to undergo sensitivity training at their own cost.

Responding to the statement via his Facebook page, McKenzie denied the charges against him, saying they would eventually allow him to deal with the matter publicly.

"I am looking forward to the case made against me. I will be charged with racism, a charge I deny, and I will also be charged with xenophobia, another charge I deny. Patriots, these charges are a blessing in disguise because they will give us a chance to publicly deal with matters no one is speaking about.

"I never thought I would ever be accused of racism, but here we are, xenophobia, I kinda expected. We shall be victorious Patriots. Thank you for the prayers and support. Pls read this statement deeply of the SAHRC and you will understand a lot of what Coloured people in particular are dealing with in SA," he wrote.

siyabonga.sithole@inl.co.za