SAHRC to take Gayton McKenzie to court over ‘k-word’ tweets. Image: News24.
(The Post News)- The South African Human Rights Commission (SAHRC) revealed in a statement that it will urgently approach the Equality Court to launch legal action against Sports, Arts, and Culture Minister Gayton McKenzie over past tweets containing the “k-word.”
The commission confirmed on Tuesday, 2 September 2025, that the decision follows several complaints about McKenzie’s social media posts dating from 2011 to 2017, as well as allegations of xenophobic comments linked to him. “We have decided to take Minister McKenzie to court,” SAHRC commissioner Tshepo Madlingozi highlighted at the M20 event.
The SAHRC said in the statement, “Following receipt of complaints regarding social media posts and alleged xenophobic utterances by Minister Gayton McKenzie, the Commission assessed the matter and came to a 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 (Equality Act), 2000.”
The Commission has exercised its statutory mandate under Section 13(3)(b) of the South African Human Rights Commission Act 40 of 2013, together with Section 20 of the Equality Act, to urgently refer the case to the Equality Court. The alleged tweets were made years before McKenzie assumed public office, at a time when he was neither a Member of Parliament nor part of Cabinet.
They resurfaced after McKenzie commented on the backlash to racially insensitive remarks made on an episode of the Open Chats podcast, which had singled out the Coloured community.
Political parties seek legal action over McKenzie’s tweets.
Following the renewed spotlight on the old posts, political parties and members of the public submitted official complaints to the SAHRC.
In August, the SAHRC confirmed that it had launched an investigation into both McKenzie’s old tweets and more recent accusations of xenophobic remarks. McKenzie, who heads the Patriotic Alliance, has rejected the commission’s actions, accusing it of acting hastily and unjustly.
He argued that the SAHRC had tarnished his reputation by making its position public before completing a thorough investigation or giving him the chance to reply. According to the minister, he only became aware of the commission’s letter days after its release because it had been sent to an outdated email address. McKenzie defended the tweets, stating that “Not one of my tweets has shown any intent to cause harm, incite violence, or promote hatred.”
However, the Equality Act considers not only intent but also the potential impact of statements that may cause harm or reinforce discrimination. Alongside the McKenzie matter, the SAHRC is also pursuing other related cases, including a probe into a racial incident at Knysna High School and the offensive comments directed at the Coloured community during the Open Chats podcast.
The move to take legal action against a sitting Cabinet minister highlights the SAHRC’s heightened efforts to hold public officials accountable for speech that could undermine South Africa’s constitutional values of dignity, equality, and non-discrimination.
About the Author
