The South African Human Rights Commission confirms that it has received complaints against Mr Andile Mngxitama
12 December 2018
The South African Human Rights Commission has received a number of complaints relating to the utterances that were allegedly made by Mr Andile Mngxitama at the Rally on 8 December 2018 in Potchefstroom, North West Province.
The Commission has also viewed a video from the 8 December 2018 Rally in which Mr Mngxitama tells the audience that they will kill white people. He states that “we will kill their women, we will kill their children, we will kill their dogs, we will kill their cats, we kill anything that comes for us”.
The Commission is in the process of registering the complaints against Mr Mngxitama in accordance with its Complaints Handling Procedures for purposes of conducting an investigation into whether or not human rights have been violated and what steps should be taken to secure appropriate redress.
The SAHRC calls on all within South Africa to assist in fostering a constitutional democracy, based in equality, dignity and freedom by refraining from utterances and actions which threaten social cohesion.
Statement issued by the SAHRC, 12 December 2018
Update:
The South African Human Rights Commission to approach the Equality Court on Andile Mngxitama
13 December 2018
Having received numerous complaints relating to comments made by Mr Andile Mngxitama at a rally on 8 December 2018 in Potchefstroom, North West Province, the South African Human Rights Commission has resolved to institute litigation on the matter at the Equality Court.
The Commission is deeply concerned by the ongoing public statements by political leaders and members of the public which have the potential of causing harm to the right to security of person. They also damage social cohesion and undermine national unity in this country.
Freedom of expression is important and indispensable to our constitutional democracy. While the Commission will continue to promote and vigorously protect this freedom, it should be noted that the right is not without limitations. The Commission is of the view that the utterances by Mr. Mngxitama go beyond the legally permissible limits of free speech, hence the decision to institute action in the Equality Court against him.
The Constitution recognises that systemic inequalities and unfair discrimination remain deeply embedded in our social structures, practices, attitudes and institutions. Building social cohesion in this context demands that all who live in the Republic must seek to find a delicate balance between exercising their right to free speech and refraining from rhetoric which is hurtful and divisive.
The SAHRC calls on all, especially those tasked with leadership across all levels, to assist in fostering the ideals of our constitutional democracy - equality, dignity and freedom - by refraining from utterances and actions that threaten the security of other persons, social cohesion and the attainment of these ideals.
Statement issued by the South African Human Rights Commission, 13 December 2018
