The High Court’s order follows proceedings in which the Court considered statements and conduct by Mr Mchunu directed at members of the LGBTQIA+ community. The Court found that a series of videos and a flyer published by Mr Mchunu between 30 September and 6 October 2025 constituted hate speech, harassment, and unfair discrimination, in contravention of sections 10, 11 and 6 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000.

The Court further found that Mr Mchunu’s march to the Kwa Mai Mai Traditional Market on 5 October 2025 amounted to harassment and unfair discrimination against the LGBTQIA+ community.

The Equality Court has issued a series of significant remedies to address the harm caused by Mr Mchunu and to prevent further violations. These include:

1. A permanent prohibition on Mr Mchunu from publishing or disseminating content that discriminates against LGBTQIA+ persons;

1. A permanent prohibition on organising or participating in demonstrations that promote discrimination against LGBTQIA+ communities;
2. An order requiring Mr Mchunu to issue an unconditional public apology, to be published and pinned on his Facebook page for a period of three months;
3. A directive to pay R250,000 to support the work of civil society organisations promoting equality, social cohesion, and the prevention of hate crimes;
4. A requirement for Mr Mchunu to undergo 20 hours of human rights sensitisation training under the auspices of the Commission or an approved institution; and
5. An order that Mr Mchunu pay the complainants’ legal costs.

The Commission welcomes this outcome as a strong affirmation that hate speech and discriminatory conduct, particularly against vulnerable and historically marginalised communities, will not be tolerated in South Africa’s constitutional democracy. The judgment underscores the centrality of dignity, equality, and freedom from discrimination as foundational constitutional values.

The Commission is particularly encouraged by the Court’s use of both corrective and restorative remedies, including public apology and human rights education. This approach contributes not only to accountability but also to transformation and social cohesion.

The Commission reiterates that public figures bear a heightened responsibility to uphold constitutional values. Speech that incites hatred or legitimises discrimination has real-world consequences and undermines the rights and safety of LGBTQIA+ people.

The Commission remains steadfast in its mandate to promote, protect, and monitor the observance of human rights. It will continue to work collaboratively with civil society partners, traditional leaders, faith-based communities, and the broader public to combat hate speech, advance equality, and foster a society grounded in respect for diversity and human dignity. Click here to access the judgment.

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