JUDGMENT
WRIGHT J
1. Transhope is an unincorporated voluntary association, founded in 2017 for the
support of transgender persons in KZN.
2. The Hate Crimes Working Group is a multi -sectoral network of civil society
organizations set up to spearhead advocacy and reform initiatives pertaining to
hate crimes in South Africa and beyond.
3. The South African Human Rights Commission is an institution established in
terms of section 184 of the Constitution and is governed by the South African
Human Rights Commission Act 40 of 2013.
4. The first respondent is Mr Mchunu, a cultural leader, traditional healer and
online content creator and influencer who was a radio presenter. Mr Mchunu
has an audience of many thousands.
5. Transhope and the Hate Crimes Working Group sought and obtained an urgent,
ex parte order on 16 October 2025 against Mr Mchunu. Temporary relief was
granted pending the final determination of the present matter. Mr Mchunu was,
in short, interdicted from organising a march or demonstration at Kwai Mai Mai
in Johannesburg which promoted discrimination against LGBTQIA+ persons or
communities. Mr Mchunu was ordered to remove offensive material from online
platforms. Mr Mchunu was interdicted from publishing offending material.
6. The complaints, in affidavit form, against Mr Mchunu include but are not limited
to allegations that he –
6.1 referred to gay persons as izitabane – a derogatory slur.
6.2 referred to gay persons as dogs, faggots and moffies who deserve jail.
6.3 referred to gay persons as dogs with genitals.
6.4 said that men who sleep with men are disgusting.
6.5 likened gay and lesbian persons to street dogs.
6.6 told his viewers that gay and lesbian persons deserve death and jail.
6.7 accused gay and lesbian persons of grooming children.
6.8 accused gay and lesbian persons of corrupting Zulu culture.
6.9 told gay and lesbian persons to f-ck off.
6.10 likened same sex intercourse to incest.
6.11 claimed that gay and lesbian persons are acting against God.
6.12 suggested that marching against gay and lesbian persons was
necessary to protect humanity.
7. Mr Mchunu received a letter of demand to desist. He did not desist.
8. Mr Mc hunu, duly served with the complainants’ papers , declined every
opportunity to file an opposing affidavit or otherwise participate in the pre -
hearing procedure or to participate in the final hearing.
9. The statements of Mr Mchunu are , quite obviously, hate speech, harassment
and unfair discrimination under sections 10, 11 and 6 of the Promotion of
Equality and Prevention of Unfair Discrimination Act 4 of 2000. Mr Mchunu has
acted against the Constitution and he has insulted and threatened persons who
enjoy Constitutional rights.
10. The complainants seek various forms of relief. Most of the relief sought is, in
my view relief that is readily grantable. A declarator is sought that the utterances
are hate speech, harassment and unfair discrimination. A permanent interdict
is sought as is an apology. It is sought that Mr Mchunu pay R250 000 to
Transhope or the Hate Crimes Working Group. Mr Mchunu is to undergo 20
hours of human rights sensitisation to be conducted by the SAHRC or an
institution nominated by it. Costs are sought, on the party and party scale A.
11. There is a prayer for an order that Mr Mchunu pay any income received “ in
relation to engagement with the twelve videos and the flyer to the HCWG.” This
relief may be apposite in principle but it would be extremely difficult to calculate
and the prac tical complications in attempting to obtain and enforce such an
order would be immense. It was sensibly abandoned by Mr Winks and Ms Petje
for Transhope and the HCWG and by Mr Nqeto for the SAHRC.
12. No relief is now sought against the second respondent, Meta.
ORDER
1. The twelve videos and the flyer published by the first respondent (“ Mr
Mchunu”) on his Facebook page between 30 September and 6 October 2025
(as identified in the complaint) constitute hate speech, harassment and unfair
discrimination against gay, lesbian and transgender people, in contravention of
sections 10, 11 and 6 of the Promotion of Equality and Prevention of Unfair
Discrimination Act, 2000 (“the Act”).
2. Mr Mchunu is permanently prohibited from publishing any further material on
any online platform that directly or indirectly discriminates against any
LGBTQIA+ persons or communities.
Appearances
1st and 2nd Complainants Adv B Winks
Adv M Petje
Instructed by Lawyers for Human Rights
Kayan Leung
kayan@lhr.org.za
Palesa Maloisane
palesa@lhr.org.za
Deborah Sebola
deborahs@lhr.org.za
3rd Complainant Adv A O Nqeto
Employed by SAHRC
First Respondent No appearance