As part of the settlement Mr Hofmeyr has agreed to amongst others:
- Tender an unconditional apology for his comments, forming the subject of this litigation (the Impugned statements), while acknowledging that the statements he made were hurtful to members of the LGBTQ+ community, and members of the public who found his comments offensive;
- Pay the amount of R100 000,00 (one hundred thousand rands) as a settlement amount to the second applicant, OUT LGBT Well-being, which is a non-profit organization that works to ensure health, well-being, and human rights of the LBTIQ+ community.
- Attend a diversity and inclusivity conversation to be arranged by the SAHRC.
The SAHRC welcomes this settlement as a positive step towards promoting diversity and protecting the rights of all individuals, including those who identify as LGBTIQ+. We believe that this settlement reinforces the importance of cultivating tolerance, understanding and respect for all human beings and upholding the right to dignity for all regardless of sexual orientation, gender identity, or any other personal characteristic. We urge all South Africans to be mindful of the dangers of using social media platforms to share or post comments which may be hurtful or in some cases harmful to others. We live in a diverse society where people have the right to express their opinions and beliefs, but this must be done in a manner that does not infringe on the rights of others. We call on all South Africans to engage in respectful, positive-and constructive dialogue, which recognises and celebrates our differences.
The SAHRC remains committed to advancing human rights in South Africa and will continue to take action against hurtful speech in all its forms. We believe that this settlement serves as a reminder that the promotion and protection of human rights requires all of us to work together towards a more just and equitable society, where the rights of all are protected.
We thank the media for their continued support in promoting and protecting human rights in South Africa. The SAHRC will provide further information regarding the settlement and its implications, if any, in due course.
The relevant portions of the settlement agreement between the parties is copied below:
The respondent –
acknowledges that his impugned utterances, forming the subject matter of this
litigation, were hurtful to members of the LGBTQ+ community;
regrets any and all hurt and offence caused as a result of the impugned utterances
and apologises unconditionally to members of the LGBTQ+ community as well as any other member of public that was offended by the impugned utterances;
shall publish the apology contained in (a) and (b) above on all his social media
platforms as soon as possible after this consent order has been made an order of court;
agrees to the publication of his apology contained in (a) and (b) above, on the
official website and social media platforms of the first applicant.
The respondent shall participate in a diversity and inclusivity awareness conversation to be presented by the first applicant at a mutually agreed date and time within three (3) months after the date of this order.
The matter set down for 31 July to 4 August 2023 shall be removed from the trial roll of the above honourable court.
The respondent shall pay –
- a settlement amount of R100 000,00 (one hundred thousand rand), to the second
applicant;
- the second applicant’s party and party costs up until the earliest of 10 March 2023,
or the date of this order; and
- the reasonable disbursements incurred by Senior Counsel briefed by the First
Applicant with regards to her appearances and attendances in respect of this matter.”
Ends
For further information, contact the SAHRC Provincial Manager, Dr Eileen Carter @ 043 722 7828/072 638 9016 or email on This email address is being protected from spambots. You need JavaScript enabled to view it. and Advocacy and Research Officer, Zukiswa N Mqakanya @ 043 722 7828 or email on This email address is being protected from spambots. You need JavaScript enabled to view it.