By Johnathan Paoli
Preliminary evidence indicates that Sport, Arts and Culture Minister Gayton McKenzie breached the Promotion of Equality and Prevention of Unfair Discrimination Act, according to the SA Human Rights Commission.
It confirmed that it has written to McKenzie over resurfaced social media posts in which he allegedly used racial slurs, as well as more recent comments deemed xenophobic.
“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,” the SAHRC said.
McKenzie has until Wednesday to respond before it decides whether to take the matter to the Equality Court.
“The commission wishes to remind members of the public that the right to freedom of expression is not absolute,” it said.
The investigation follows several complaints from political parties and individuals after McKenzie, who leads the Patriotic Alliance, criticised podcasters for making disparaging remarks about coloured people.
That clash triggered scrutiny of his own history of online remarks, some dating back to 2011.
The posts, which resurfaced earlier in the month, allegedly included apartheid-era slurs directed at black South Africans and racially charged references to “Black Diamonds”.
The commission said his conduct, as a cabinet minister and MP, should “conform to ethical standards”.
McKenzie previously dismissed the backlash as a politically motivated campaign, but admitted to posting “insensitive, stupid and hurtful” remarks in the past.
The minister insisted that he could not be guilty of racism, citing his background, including his mother and being Black.
The SAHRC said it would determine its next steps after receiving McKenzie’s response.
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