The Commission has opened an investigation following receipt of several complaints from political parties and individuals regarding the posts and alleged xenophobic utterances by Minister McKenzie.  The Commission has also noted outrage on social media and in the press regarding these utterances.    

Following assessment of the contents, the Commission is of the view that utterances made by Minister McKenzie are prima facie violations of the provisions of the Promotion of Equality and Prevention of Unfair Discrimination Act (Equality Act), 2000. 

Consequently, the Commission has sent an allegation letter to Minister McKenzie. Thereafter, 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 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.   

Given his position, Minister McKenzie’s conduct is expected to conform to ethical standards that is becoming of a Minister and a member of Parliament.   

The Commission calls on everyone in the country to uphold the principles enshrined in the Constitution, including human dignity, equality, and non-discrimination.  

END  

ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION