The Johannesburg High Court has ruled against social media personality and activist Ngizwe Mchunu over comments he made about members of the LGBTQI+ community on social media last year.
The court found that the statements amounted to hate speech and granted relief sought by the South African Human Rights Commission (SAHRC).
Mchunu has been fined R250000 and ordered to attend compulsory sensitivity training.
The ruling is being hailed as a significant judgment on the limits of free speech and the protection of human dignity.
Media Statement: South African Human Rights Commission Welcomes Equality Court Order Against Ngizwe Mchunu Relating to Unfair Discrimination, Hate Speech, and Harassment of LGBTQIA+ People pic.twitter.com/Fml2TCuWWb
— SAHRCommission (@SAHRCommission) June 19, 2026
Commissioner at the SAHRC, Professor Tshepo Madlingozi, says the judgment sends a clear message that freedom of expression does not extend to the propagation of hatred against vulnerable groups.
“The judgment contains about eight orders. I’ll just mention six of them. One, that Mr Mchunu must delete all those videos and publications. Two, that he must apologise and append that apology on his Facebook page for three months. Three, that he must undergo sensitivity training for 20 hours with the SAHRC. Fourth, that he must pay the cost of counsel, the cost of lawyers. Fifth, that he must pay R250,000 to an organisation that works to promote and advocate for the rights of gays and lesbians. And then six, that Mr Mchunu must not do this again,” says Madlingozi.
In response to the ruling, Mchunu maintains that his comments were rooted in cultural and religious beliefs and argues that he was exercising his constitutional right to freedom of expression.
“Men dating other men is not allowed culturally. It is not welcome. It is just that we can be patient because we are living in a country with laws, and that is fine. But I respect the court’s decision. I am still engaged with my lawyers so that we will see how we can challenge the decision of the court while also respecting the decision of the court,” says Mchunu.
Commission for Gender Equality spokesperson, Thabo Baloi, says the case highlights the delicate balance between freedom of expression and the protection of people from discrimination and hate speech.
“As the Commission for Gender Equality, we believe this is an educative moment. As much as money has been made by the court to pay R250,000, rather, we believe as the commission it is an educative moment insofar as the issues of hate crime concerning the country. There is a bill that is seeking to address issues of hate crime. We need to educate society about the different genders that are there,” says Baloi.
The judgment is expected to set an important precedent for future hate speech cases, particularly those involving social media platforms and public figures with large online followings.
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