- Lawyers for Human Rights has welcomed a ruling finding Ngizwe Mchunu guilty of hate speech, harassment and unfair discrimination against LGBTQIA+ people.
- The judgment orders Mchunu to apologise, pay R250 000 and undergo human rights sensitisation training.
- LHR says the ruling reinforces constitutional protections for equality, dignity and freedom from discrimination during Pride Month
Lawyers for Human Rights (LHR) has welcomed a landmark Equality Court judgment against social media personality Ngizwe Mchunu, saying the ruling sends a clear message that hate speech and discrimination against LGBTQIA+ people have no place in South Africa’s constitutional democracy.
The judgment, handed down on 19 June 2026, found that statements and conduct by Mchunu amounted to hate speech, harassment and unfair discrimination against members of the LGBTQIA+ community.
LHR acted for Transhope and the Hate Crimes Working Group in the matter, alongside the South African Human Rights Commission.
Case followed anti-LGBTQIA+ posts and march
The litigation arose from a series of social media posts and videos published by Mchunu during September and October 2025, as well as a march to the Kwa Mai Mai Traditional Market in Johannesburg on 5 October 2025.
According to LHR, the online campaign targeted LGBTQIA+ people and culminated in an aggressive demonstration at a social venue frequented by members of the community.
The organisation said the situation became sufficiently serious that police intervention was required to defuse tensions during the march. The complainants subsequently approached the Equality Court, seeking relief under the Promotion of Equality and Prevention of Unfair Discrimination Act.
Judgment finds hate speech and discrimination
In its ruling, the court found that Mchunu’s statements constituted hate speech, harassment and unfair discrimination. “The statements of Mr Mchunu are, quite obviously, hate speech, harassment and unfair discrimination under sections 10, 11 and 6” of the Equality Act, the judgment states.
The court further found that Mchunu “has acted against the Constitution and he has insulted and threatened persons who enjoy Constitutional rights.”
Among the statements considered by the court were comments comparing gay and lesbian people to animals, accusing them of grooming children, suggesting they deserved imprisonment or death and portraying them as a threat to society.
The court also noted that Mchunu failed to desist after receiving a letter of demand and did not participate in the legal proceedings despite being served with the court papers.
Significant relief granted
The court declared that 12 videos and a flyer published by Mchunu constituted hate speech, harassment and unfair discrimination against gay, lesbian and transgender people.
Mchunu has been permanently prohibited from publishing material on any online platform that directly or indirectly discriminates against LGBTQIA+ persons or communities.
The court also ruled that the October 2025 march constituted harassment and unfair discrimination and permanently prohibited him from organising, leading or participating in demonstrations that discriminate against LGBTQIA+ people.
In addition, Mchunu must publish an unconditional apology on his Facebook page within five days and keep it pinned to the top of the page for three months.
He has also been ordered to pay R250 000 to either Transhope or the Hate Crimes Working Group to support education, sensitisation, social cohesion and hate crime prevention initiatives.
The judgment further requires him to complete 20 hours of human rights sensitisation training and to pay the complainants’ legal costs.
Pride Month reminder
LHR said the significance of the judgment is heightened by the fact that it was delivered during Pride Month. The organisation said the ruling serves as a reminder that Pride remains an assertion of dignity in the face of continuing hostility and discrimination experienced by many LGBTQIA+ South Africans.
“Hate speech, harassment, and discrimination against LGBTQIA+ persons hold no place in our democracy,” LHR said following the judgment.
The organisation added that the ruling confirms that constitutional rights to equality, dignity and freedom from discrimination are enforceable protections rather than aspirational ideals.
Online influence carries consequences
LHR said the judgment makes it clear that public platforms cannot be used to mobilise hatred against vulnerable communities without consequences.
The organisation welcomed what it described as a clear judicial statement that branding LGBTQIA+ people with slurs, comparing them to animals, accusing them of grooming children and encouraging hostility towards them cannot be justified as cultural commentary or protected opinion.
LHR also paid tribute to Transhope and the Hate Crimes Working Group for pursuing the matter to its conclusion. According to the organisation, the ruling strengthens constitutional protections for LGBTQIA+ people and sends a warning that individuals who use their public influence to incite hatred will be held accountable under South African law.
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