The Commission is deeply concerned by the ongoing public statements by political leaders and members of the public which have the potential of causing harm to the right to security of person.  They also damage social cohesion and undermine national unity in this country.

Freedom of expression is important and indispensable to our constitutional democracy.  While the Commission will continue to promote and vigorously protect this freedom, it should be noted that the right is not without limitations. The Commission is of the view that the utterances by Mr. Mngxitama go beyond the legally permissible limits of free speech, hence the decision to institute action in the Equality Court against him.

The Constitution recognises that systemic inequalities and unfair discrimination remain deeply embedded in our social structures, practices, attitudes and institutions.  Building social cohesion in this context demands that all who live in the Republic must seek to find a delicate balance between exercising their right to free speech and refraining from rhetoric which is hurtful and divisive.  

The SAHRC calls on all, especially those tasked with leadership across all levels, to assist in fostering the ideals of our constitutional democracy - equality, dignity and freedom - by refraining from utterances and actions that threaten the security of other persons, social cohesion and the attainment of these ideals.

Ends
Issued by the South African Human Rights Commission
Gail Smith – Spokesperson Tel: 060 988 3792 This email address is being protected from spambots. You need JavaScript enabled to view it.
Gushwell Brooks – Communications Co-ordinator Tel: 082 645 8573 This email address is being protected from spambots. You need JavaScript enabled to view it.