The Johannesburg Equality Court has found former radio personality Ngizwe Mchunu guilty of hate speech following the publication of homophobic remarks on social media. In a judgment delivered on 18 June 2026, Acting Judge M.V. Mthembu ruled that Mchunu’s content, which targeted the LGBTQ+ community, violated the rights and dignity of a protected group.
Legal Consequences And Implications
As part of the court order, Mchunu is required to issue an unconditional apology to the LGBTQ+ community for the harm caused by his 2024 social media video. Furthermore, the court has ordered him to pay R100,000 in damages to an LGBTQ+ advocacy group, following a complaint brought forward by OUT LGBT Well-being.
The respondent’s words were not merely an expression of opinion, but an incitement to hatred and a violation of the dignity of a vulnerable group.
Acting Judge Mthembu stated that the ruling underscores the limits of freedom of expression within South Africa’s constitutional framework. The case reaffirms that speech intended to incite hatred against individuals based on their sexual orientation is not protected under the Promotion of Equality and Prevention of Unfair Discrimination Act.
Setting A Precedent For Digital Conduct
The outcome of this case provides significant guidance for social media users regarding the legal risks associated with discriminatory rhetoric. A spokesperson for OUT LGBT Well-being welcomed the decision as a decisive moment for human rights in the country.
This ruling sends a clear message that hate speech has no place in our democracy and that we will continue to defend the rights of all persons regardless of their sexual orientation.
The judgment follows a protracted legal battle initiated in 2025, reflecting a growing judicial trend of holding public figures accountable for online conduct. Further community engagements are expected in the coming weeks to address the impact of the ruling on local advocacy efforts.