His counsel‚ Stuart Wilson‚ told the Equality Court sitting at the South Gauteng High Court on Monday that Khumalo had‚ immediately after making them‚ apologised to all "the people of South Africa" for the statements.
He had also been disciplined by his employer for his actions‚ the court heard.

"Not only did he apologise profusely‚ he faced disciplinary action by his employer‚" Wilson argued.
"There is no doubt that Mr Khumalo should not have said what he said.
"However‚ the question to be asked was whether he can be sued twice in the Equality Court for hate speech which arose from the same remarks."
The first complaint against Khumalo was lodged by the African National Congress (ANC).

Khumalo and the ANC reached a settlement that he would pay R30‚000 over the course of 30 months‚ to a charity.
"The SAHRC (SA Human Rights Commission) is coming after Mr Khumalo for substantially the same words for which the ANC successfully sued him in the earlier case.
"Even though there is no identity of parties‚ the issue being pursued is virtually identical. What the SAHRC wants is to punish Mr Khumalo twice."

Source: Sowetan Live