Following the video’s resurfacing in 2024 and subsequent complaints submitted to the Commission by members of the public, the SAHRC instituted proceedings against Mr Gouws before the Equality Court. In March 2025, Mr Gouws contacted the Commission requesting that the two parties explore mediation.
The matter has since been settled through the Commission’s alternative dispute resolution (ADR) process. As with other recent matters involving public expressions of racial harm, the Commission continues to apply ADR mechanisms where appropriate, guided by the objectives of accountability, reconciliation, and social cohesion.
The terms of settlement include a full and unconditional public apology, which Mr Gouws has issued. His apology includes the following statement:
“It was unacceptable for me to have used such violent language to make my point. I accept now that these racial slurs have been correctly declared by the Constitutional Court to be unutterable and racist.
To all South Africans, especially Black South Africans, and Black people globally – I am sorry. I am sorry for the pain, anger and trauma my words have caused. I am sorry for trying to justify, minimise and sanitise them. I know that this apology does not erase what I said or did, but it is a step I must take to acknowledge the effect of my actions and begin to account for them.”
The Commission welcomes Mr Gouws’s acknowledgment of the impact of his past conduct and reiterates that the right to freedom of expression must be exercised in a manner that respects the dignity and equality of all people. As part of this settlement, Mr Gouws will participate in two sessions convened by the SAHRC which will consist of workshops, public education and/or awareness-raising activities aligned with the SAHRC’s mandate as well as attending a diversity sensitisation session.
The full apology is available here
The Commission remains committed to promoting equality, redress, and healing in line with its constitutional and legislative mandate.
ENDS
Issued by the South African Human Rights Commission
For media inquiries, please contact:
Wisani Baloyi, SAHRC Communications Coordinator – 081 016 8308 | This email address is being protected from spambots. You need JavaScript enabled to view it.
Given Makhuvele – 072 197 7581 | This email address is being protected from spambots. You need JavaScript enabled to view it.