Media Statement

National Task Team condemns remarks made by Mr Ngizwe Mchunu

21 October 2025

The National Task Team (NTT) on Sexual Orientation, Gender Identity, Expression, and Sex Characteristics (SOGIESC) Matters expresses its deep alarm and outrage at the recent homophobic and hate-filled remarks made by Mr Ngizwe Mchunu.

The NTT unequivocally condemns these statements as a direct attack on the fundamental constitutional principles of equality, dignity, and freedom.

The NTT comprises various government departments, civil society organisations, and Chapter 9 institutions. It is co-chaired, on behalf of government, by the Deputy Minister of Justice and Constitutional Development, Andries Nel, and on behalf of the civil society sector, by Sibonelo Ncanana-Trower.

The NTT admonishes the reported statements, which targeted the LGBTIQ+ community. Such remarks do not constitute protected free speech but serve as a textbook example of prohibited conduct under the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA).

South Africa’s constitutional democracy guarantees freedom of expression; however, this right does not extend to the advocacy of hatred that constitutes incitement to cause harm, as set out in section 16(2) of the Constitution. Any individual who publishes, propagates, advocates, or communicates words that could reasonably be construed as demonstrating a clear intention to be hurtful, harmful, or to incite harm—or to promote or propagate hatred—based on a prohibited ground, including sexual orientation and gender identity, is in direct violation of section 10 of PEPUDA.

The NTT reminds Mr Mchunu and all those who misuse their platforms to spread intolerance that such violations are actionable offences.

The NTT supports the swift response by the South African Human Rights Commission (SAHRC) and welcomes the Commission’s letter to Mr Mchunu instructing his compliance with three critical demands. The SAHRC has demanded that Mr Mchunu:

1. Immediately cease all discriminatory speech and incitement to violence;
2. Remove all offending online content within 24 hours of receipt of the letter; and
3. Issue a public retraction and apology within the same 24-hour timeframe.

Failure to comply will result in further measures, which may include litigation against Mr Mchunu in the Equality Court.

The NTT further encourages civil society organisations and affected individuals to pursue legal remedies through the Equality Courts.

The legal precedent set by the Constitutional Court in Qwelane v South African Human Rights Commission and Another (CCT 13/20) [2021] ZACC 22 underscores the seriousness with which our justice system treats such egregious conduct. In the Qwelane matter, the Court affirmed that it is impossible to protect the rights of LGBTQ+ persons without prohibiting hate speech based on sexual orientation.

The NTT commends the responsible conduct demonstrated by Kwa Mai Mai Traditional Market for upholding the values of the Constitution and promoting an inclusive environment for all citizens, including persons of diverse SOGIESC backgrounds.

The NTT applauds such proactive steps in combating intolerance as a true embodiment of respect for human rights and our national ideal of unity in diversity.

The NTT remains committed to implementing the National Intervention Strategy on SOGIESC (2023–2027), which mandates a multi-sectoral response to violence, discrimination, and inequality. It reiterates that there can be no tolerance for hate or discrimination in a constitutional democracy founded on human dignity and equality.

As a nation, we must actively promote inclusive, dignified, and non-discriminatory narratives that celebrate South Africa’s rich diversity and foster respect for human rights.

Media Enquiries:
Mr Samuel Modipane Director: Media Research and Liaison (081 440 6179) or Sibonelo Ncanana-Trower (Email: sncanana@out.org.za)

ISSUED BY THE DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT ON BEHALF OF THE NATIONAL TASK TEAM ON SOGIESC MATTERS