The matter arose from a complaint concerning a sign displayed outside a Gqeberha business excluding members of the LGBTQIA+ community, as well as the establishment and administration of a WhatsApp group containing harmful and threatening messages directed at the community.

The SAHRC instituted proceedings in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (Equality Act). The Commission for Gender Equality (CGE) subsequently joined the proceedings as the second applicant and Media Monitoring Africa Trust (now Moxii Africa) participated as amicus curiae (friend of the court).

The Court found that the respondent's conduct constituted hate speech, unfair discrimination and harassment in contravention of the Equality Act. In addition to granting declaratory relief, the Court interdicted the respondent from engaging in further unlawful conduct, ordered him to issue a public apology and directed him to pay R200 000 in damages to a non-governmental organisation promoting equality, to be identified by the SAHRC. The matter was further referred to the National Prosecuting Authority for criminal investigation.

The judgment is significant for several reasons.

First, it reaffirms that the constitutional rights to freedom of religion and freedom of expression, while fundamental, do not justify conduct that unlawfully infringes others’ dignity and equality.

Second, the judgment recognises that hate speech, and discriminatory conduct can manifest through both physical spaces and digital communications. In considering the respondent's establishment and administration of a WhatsApp group, the Court demonstrates how existing human rights protections apply to harmful conduct facilitated through digital platforms.

Third, the Court rejected the argument that the matter had become moot simply because the offending sign had been removed and the WhatsApp group discontinued. This reinforces the importance of accountability and effective remedies, including where the immediate offending conduct has ceased.

The Commission particularly welcomes the Court's recognition of the harm caused by conduct targeting historically marginalised communities. The protection of equality and dignity remains a constitutional imperative, irrespective of an individual's sexual orientation or gender identity. The Commission remains committed to challenging unfair discrimination, harassment and hate speech, and to promoting a society founded on human dignity, equality and freedom for all.

ENDS

ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION

For further information or inquiries, please contact Dr. Eileen Carter on This email address is being protected from spambots. You need JavaScript enabled to view it. or Nelson Kesa at 067 055 2283 or This email address is being protected from spambots. You need JavaScript enabled to view it..