On the 2nd May Theunissen wrote on Facebook: “So no more sporting events for South Africa. I’ve never been more proud that to say our government are a bunch of KAFFIRS…yes I said it so go fuck yourselves you black fucking cunts.”
 
This was in reaction to the announcement by the Minister of Sports that certain national sporting codes will be suspended from participating internationally due to a failure to meet some transformations targets.
 
Realising the outrage and hurt caused by his post, Theunissen responded immediately to the SAHRC attempts to contact him.  Prior to meeting with the Commission he issued a public apology.  Following an initial meeting with Theunissen an additional statement and unconditional apology was tendered to the SAHRC’s request for his response to the allegations.  The parties agreed to convene a conciliation meeting that was held on Tuesday 7 June, where Theunissen offered additional assurances and agreed to particular remedial conduct in response to his offence. These were recorded and memorialised in a settlement agreement.
 
As part of the settlement, beyond the unconditional apology, which the Commission deemed acceptable and sincere, the parties agreed that Theunissen would embark on community service for a period of 3 to 6 months in a currently poor disadvantaged area of Cape Town Metropole in the area of sports development.  

This experience is meant to sensitize Theunissen to the need for transformation and challenges facing poor disadvantaged communities in Cape Town.

Theunissen will also undertake a research on anti-racism, diversity, transformation and tolerance in general, and specifically within the area of sport in order to achieve a greater understanding of transformation issues, and the hurt caused by his post.

This process asks Theunissen to specifically explore, reflect and understand what hate speech and racism are, why hate speech is destructive to South Africa’s transformation process, and how white privilege functions in South African society.
 
The respondent will also undergo anger management therapy, which at the date of this agreement, he had already undergone sessions with a registered and approved medical practitioner.

All the remedial action undertaken by Theunissen is voluntary, without remuneration, and at his own cost.

The parties agreed that Theunissen would undertake no longer publish or communicate any further discriminatory or hurtful language, and will refrain from engaging on any social network platform for 12-months while undergoing rehabilitation.
 
Theunissen has an obligation to report back to the SAHRC on his community work and anti-racism research after a 3 month period and it was agreed that SAHRC could engage in spot checks to monitor progress during the period.
 
The resolution of this matter was facilitated by Mr. Theunissen’s willingness to acknowledge his wrong doing, cooperate with the SAHRC, and engage in rehabilitative conduct directed at understanding the consequences of his actions.  

The mediation of disputes in this manner must be understood as more consistent with the principles of restorative justice, than with punitive retributive justice sanctions, which can be meted out by the criminal justice system.  

The guardianship of human rights under such circumstances required an approach that sought to recognize wrong doing, promote understanding and embark on remedial conduct such that a settlement of this matter could be concluded.  

The Parties signed a settlement agreement on the 07th June 2016, and the agreement represents the finalization of the SAHRC’s investigated complaint against Theunissen.
 
ENDS
Issued by the SA Human Rights Commission

For queries contact SAHRC Western Cape Provincial Manager Mr Karam Singh on 073 204 1297/ 021 426 2277   This email address is being protected from spambots. You need JavaScript enabled to view it.