19 hours ago
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Advocacy groups Transhope and the Hate Crime Working Group have successfully secured an interim interdict in the Joburg High Court, effectively silencing radio personality Ngizwe Mchunu from disseminating anti-gay rhetoric.
Mchunu, the president of Amabhinca, has been ordered by the court to refrain from organising, promoting, leading, or participating in any march or demonstration targeting LGBTQIA+ individuals at Kwamai Mai in Johannesburg.
The court order, which has been seen, stipulates: "Mr Mchunu shall, within 12 hours of service of this order on him by email or Whatsapp, remove any material he has published on any online platform (including Facebook, Instagram, Whatsapp channels or Whatsapp groups) that directly or indirectly discriminates against any LGBTQIA+ persons or communities."
The legal action was initiated after Mchunu, known for his homophobic views, used social media to voice his opinions, claiming to be acting on behalf of Zulu King Misuzulu. He called on gay individuals to abstain from wearing traditional Zulu attire, alleging that they were desecrating its sanctity.
Mchunu's outburst was triggered by a video clip depicting two gay men adorned in traditional Zulu garb walking down the aisle at Kwamai Mai in Johannesburg. The footage ignited Mchunu's deeply ingrained homophobia and tribalism, leading him to direct a barrage of anti-gay slurs at the LGBTQIA+ community.
Mchunu stated that, as a Zulu man supported and blessed by the king, he was shocked by "the audacity to take our Zulu garb and disrespect it like this and embarrass us."
He continued, "The audacity to take our shields and traditional tokens and parade them like this as if they were nothing. For you to take your tongue and go stuff it in another man, we have no problem with your gayism (sic). We have lived with you while you were gay, and when the government gave you rights and said, ‘marry each other’, a government that said there must be abortions in this country, we kept quiet. Now, it is saying a man must change and become a woman and take the surname of the wife."
Mchunu also criticised the government, saying, "Ramaphosa’s government is blasphemous and speaking nonsense. The 7th administration is an embarrassment to this country; things are becoming messy day by day, the kings are tied up in bureaucratic red tape and silence just because they get paid."
Mchunu continued to express his dogmatic and anti-gay sentiments, declaring, "I am saying no gay person can wear Zulu traditional garb. Over my dead body."
In a separate video, Mchunu was seen with a group of men, preparing for a march to Kwamai Mai. He issued a warning to gay people, saying, "No dog is going to stop me; no one will stop me, but if the gay people are at Kwamai Mai to eat and promote the business, buy whatever they want and eat it is fine because we have learnt to live with them anyway, but not when it comes to our traditional garb."
He concluded, "So, from today, there is no gay person who will ever wear or suit up in traditional Zulu garb and put on our crowns for no reason. Voetsek! We will not hear from you, damn it!"
In their legal claim, Transhope and the Hate Crime Working Group stated that the SA Human Rights Commission had written to Mchunu on October 9, demanding that he remove his videos from social media, retract his remarks, and issue an apology. However, Mchunu reportedly responded by telling the organisation to "eff off."
The organisations argued in court papers that "It is clear that Mr Mchunu has no intention to stop propagating hate and inciting violence, nor to remove his videos that continue to foster hatred online. Nothing but an urgent order from this court will stop him."
The Joburg High Court concurred with their assessment and granted the interim interdict, effectively gagging Mchunu from further disseminating anti-gay statements. The ruling marks a significant victory for LGBTQIA+ advocacy groups in their ongoing efforts to combat hate speech and discrimination against the community.
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