Sport, Arts and Culture Minister Gayton McKenzie. Photo: Delwyn Verasamy
The South African Human Rights Commission (SAHRC) has launched a formal investigation into Sport, Arts and Culture Minister Gayton McKenzie after old social media posts resurfaced in which he allegedly used racial slurs, including the K-word.
The commission confirmed that it had received complaints from political parties and members of the public after the posts, published from 2011 to 2017, circulated on X earlier this month. The content drew public outrage and renewed calls for McKenzie’s removal from the cabinet.
In a statement, the SAHRC said the posts amounted to a prima facie violation of the Promotion of Equality and Prevention of Unfair Discrimination Act and that McKenzie’s conduct was inconsistent with the ethical standards expected of a cabinet minister and member of parliament.
“After assessment of the contents, the commission is of the view that utterances made by Minister McKenzie are prima facie violations of the provisions of the Equality Act,” it said.
The commission has issued McKenzie, who leads the Patriotic Alliance, with an allegation letter, setting out remedial measures and requiring a response. If he refuses to comply, the matter will be referred to the Equality Court under the SA Human Rights Commission Act read with the Equality Act. It has given the minister until 20 August to respond to the allegations.
The proposed measures include deleting the offending posts, issuing a public apology in consultation with the commission, undergoing sensitivity training, and making a donation to a charity.
SAHRC spokesperson Wisani Baloyi said the body had considered the wording of the posts, the circumstances under which they were made, and their potential effect on the dignity of others.
“We believe there is prima facie evidence of a violation of the Equality Act,” he said.
The commission also used the opportunity to remind the public that the right to freedom of expression is not absolute. It warned against using hate speech under the guise of free speech protections, citing the Equality Act and the Prevention and Combating of Hate Crimes and Hate Speech Act.
“The commission calls on everyone in the country to uphold the principles enshrined in the constitution, including human dignity, equality and non-discrimination,” it said.
McKenzie has rejected the allegations, insisting he has never used the K-word. Speaking to news channel eNCA last week, he said he would not apologise because he was not guilty of any crime.
“I can’t ask for forgiveness for something I didn’t do. Why am I asking for forgiveness for some of the nonsense things I said about guys and swearing at some guys, not racism. I won’t apologise,” he said.
“Why would I apologise for something I didn’t do? Even if the president says I must apologise for racism, I will not, because I wasn’t racist. Must I be so desperate for a job that I start apologising for stuff? No. I’m another type of guy.”
McKenzie has also dismissed the controversy as politically motivated, accusing the Economic Freedom Fighters (EFF) of driving a smear campaign against him.
“I can never be guilty of racism. Try some other takedown, but never racism,” he said.
“What you see here, they fear me, they have been calling me ibhantinti [prisoner], I mustn’t be here, then every time I beat them in the by-elections, where is Bhantinti and all? Now they found racism, what racism? How can I be racist my brother me?” said the convicted criminal turned politician.
The resurfacing of the posts and the commission’s decision to investigate have prompted sharp reactions across the political spectrum.
ActionSA, which lodged a complaint with the SAHRC, welcomed the investigation. “We maintain that South Africa cannot have a sitting cabinet minister who holds such views, whether past or present, without being held to account,” ActionSA MP Alan Beesley said.
He said the SAHRC’s action was appropriate. “No cabinet minister can be allowed to casually use racial slurs and walk away without consequence.”
Last week, the EFF called for McKenzie’s immediate dismissal from the cabinet.
“A minister entrusted with national identity and cultural diversity cannot be tainted by such racist conduct,” the party said.
The EFF argued that past incidents should serve as a benchmark for how such matters are handled, referencing the case of Renaldo Gouws, who was expelled from the Democratic Alliance and resigned from parliament after his racist remarks also resurfaced.
“The dismissal of Renaldo Gouws for his racist utterances set a firm precedent: individuals who demean black people should not occupy leadership roles, particularly in spaces that require engagement with diverse communities,” the EFF said in a statement.
“McKenzie’s comments carry the same weight, if not more, as they come from a coloured man using the language of oppression against black people.”
The party also accused McKenzie of inconsistency and hypocrisy after he recently slammed a podcast over derogatory comments against coloured people.
“It is also the height of hypocrisy for McKenzie to demand accountability from others. He himself harbours the same hateful attitudes. Recently, when podcasters on ‘Open Chats’ made offensive remarks about cColoured people, calling them ‘incestuous’ and ‘crazy’, McKenzie expressed outrage, opened a case against them, and demanded a public apology,” the EFF said.