The Commission has noted that the hosts, through their lawyers, sought to apologise for their offensive remarks soon after the discussion went viral on social media and the discussion has since been removed from the episode. However, the Commission through its Gauteng Provincial Office has opened an own accord investigation and will continue with its investigative process. The Commission also confirms receipt of several complaints from political parties and individuals against the Open Chats podcast for the pain endured by the Coloured community and other vulnerable communities as a result of offensive remarks uttered on the episode.

The Commission can confirm that it has sent allegation letters to the respondents. Subsequently, the Commission will determine the best way forward which may include instituting proceedings in the relevant Equality Court as per section 13(3)(b) of the South African Human Rights Commission Act 40 of 2013 (SAHRC Act), read with section 20 of the Promotion of Equality and Prevention of Unfair Discrimination Act (Equality Act), 2000.

The Commission wishes to remind members of the public that the right to freedom of expression is not absolute. Hate speech is prohibited in terms of the Equality Act, and the Prevention and Combating of Hate Crimes and Hate Speech Act, 2023. Podcasts are not exempted from these limitations. Podcast owners, hosts, and guests are subject to the Constitution and all applicable laws.

In this respect, the SAHRC also welcomes the Draft White Paper on Audio and Audiovisual Media Services and Online Safety, released by the Department of Communications and Digital Technologies in July 2025. The Commission will be making submissions, as recent online attacks against the Coloured community and other vulnerable communities again underscore the urgent need for stronger digital regulations to protect dignity, equality, and human rights in the digital age.

The Commission also advises that any individual complainant seeking criminal sanction may lodge a crimen injuria complaint with the South African Police Service.

END

ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION