In this regard, the SAHRC approached the Equality Court in Tiyani to ventilate the matter as it related to tribalism, as the fragile nature of ethnic and tribal relations and social cohesion in South Africa and specifically within the Limpopo Province, frequently dominates media reports. The SAHRC was of the view that it was harmful to our democracy and if not rebuked,  it may fuel further tribalistic tensions within the country.

On the 9^th of February 2021 the Equality Court in Tiyani Magistrate Court delivered a scathing judgement lamenting the actions of the Respondent herein. The Court indicated that the Respondent’s right to freedom of expression as stipulated in the Constitution, did not outweigh the right to dignity and equality of the Mashangaan and Vatsonga people, who were at the receiving end of the prejudicial remarks. The Court further described at length, the negative effects colonialism had on the separation of Africans into homelands, and that this was exploited by the apartheid government. The Court also questioned why a 20 year old young man, who only lived, as the Court described it “with the hangover of apartheid”, would share and propagate the views of oppressive regimes. This, the Court indicated, could only be as a result of indoctrination by others who actively seek to dismantle the objectives of the Constitution.

The Court found in favour of the SAHRC, and handed down the following order which included, amongst others:

• That the comments made by the Respondent constituted hate speech and harassment based on social and ethnic origin, culture and language;
• That the Respondent pay damages to an NGO identified by the SAHRC which works directly with social cohesion matters promoting the rights of the Vatsonga and Mashangaan ethnic groups;
• That the Respondent apologises on all his media platforms for the abovementioned transgressions.

The Court was also confronted with the predicament that although the Respondent was found to be in contravention of the Equality Act, he presented no to limited means of income and would be unable to pay the fines prayed for by the SAHRC. To address this, and to prevent Respondents who transgress the abovementioned Act from thinking they may propagate inflammatory and harmful statements without having to account for it, the Court made an order in terms of section 21 (2)(n) of the Act which directed the clerk of the Equality Court to submit the matter to the Director of Public Prosecutions having jurisdiction for the possible institution of criminal proceedings in terms of the common law or relevant legislation. The Court also requested the clerk of the Court to actively inform the Court as well as the SAHRC on progress made on the criminal proceedings to be instituted herein.

The judgment is welcomed and lauded by the SAHRC as it is novelle in its application of section 10 of the Equality Act towards the protection of the rights of persons belonging to specific ethnic groups. The Court was meticulous in measuring the rights of the Respondent against the rights of those affected, and confirmed that although the Respondent meant the statements as a “joke”, that his intent was irrelevant.

The judgment is a warning to all those who move to hide their bigotry under the mantel of comedy and freedom of expression, and the SAHRC will continue to expose and pursue those who stray from the mandate of social cohesion derived from the Constitution.

- Ends –

For further information contact SAHRC Limpopo Provincial Office Manager, Mr Victor Mavhidula @ 015 291 3500/ 0767801500/ This email address is being protected from spambots. You need JavaScript enabled to view it.