Controversial anti-immigrant activist and podcast host Ngizwe Mchunu will march to Pretoria on Tuesday after he was hauled over the coals for running his mouth again.
This week the Pretoria high court directed Mchunu to cease all defamatory commentary regarding EFF leader Julius Malema.
During a televised interview, Mchunu criticised the EFF leader for his anti-Afrophobia stance while making derogatory statements about him.
Through his legal team, Malema argued the remarks were false and malicious, politically motivated and intended to portray him as a criminal and dishonest leader.
The order also prohibits Mchunu from “publishing, or causing to be published, any further defamatory statements … wherein [he] directly or indirectly, explicitly, or implicitly repeats the same or similar allegations made in the impugned statements”.
He has been ordered to pay Malema’s legal costs, including the costs of two counsel, and appear in court on May 19 to show why the interim order should not be made final.
Mchunu said his lawyers advised him to appear in court as “no one is above the law”.
“As part of our marches and protests this is what we are saying we respect the rule of law and we want others to do the same, which is why I will be there. We will all be there from amaBhinca Nation to March and March we will speak out,” he said.
But Mchunu — whose homestead in uMbumbulu was razed to the ground on Sunday — said he will not attend “to that nonsense about Indian discrimination” in reference to at least two complaints in which he is alleged to have used a racial slur and accused the Indian community of having a superiority complex and abusing black people.
This is dangerous, hate-driven rhetoric that places communities at risk and undermines South Africa’s constitutional values.
— Ahmed Kathrada Foundation
The South African Hindu Dharma Sabha and the Ahmed Kathrada Foundation lodged complaints with the South African Human Rights Commission (SAHRC).
In a letter addressed to the commission, the organisation’s president Ram Maharaj accused Mchunu of delivering a “rabid racist rant” during an episode of the Bhinca Nation podcast.
The complaint stems from an episode of the podcast in which Mchunu appeared alongside music executive Nhlamulo “Nota” Baloyi.
The organisation said Mchunu used “vitriolic, derogatory and inflammatory” language that represents a prima facie case of unfair racial discrimination and violates the Prevention and Combating of Hate Crimes and Hate Speech Act.
“Mchunu’s inflammatory, insidious, divisive and dangerous word usage bears the potential of igniting anti-Indian sentiment and provoking racial tensions. Moreover, his callous and crass comments may be construed as inciting hatred and violence, victimising Indians.”
The Ahmed Kathrada Foundation joined the outcry, condemning the “racist, xenophobic, tribalistic and misogynistic” remarks made by Mchunu and his co-hosts.
“This is dangerous, hate-driven rhetoric that places communities at risk and undermines South Africa’s constitutional values,” the foundation stated.
“Dehumanising language has no place in a democracy founded on equality, dignity and nonracialism.”
The foundation expressed concern that the individuals involved had previously faced complaints before the SAHRC, and called for a firmer response to repeat offenders.
“Repeat conduct of this nature requires a firmer and more urgent response. Accountability must be meaningful, consistent and visible.”
SAHRC spokesperson Wisani Baloyi confirmed they had received complaints against Mchunu regarding utterances allegedly made against the Indian community.
“The commission is handling the complaints from the aggrieved society and is busy assessing these in line with the handling procedure. The commission will communicate the assessment of the complaints in due course.
“The commission wishes to remind members of the public that the right to freedom of expression is not absolute.”
However, Ngizwe said he had no issue with the Indian community and denied using discriminatory slurs.
“I have lived with Indians my whole life. We love each other. There is nothing to that nonsense about discrimination. I don’t discriminate against them.”
It is alleged unknown men stormed Mchunu’s KwaZulu-Natal property last weekend asking for him before setting fire to the homestead. No injuries were reported, but the buildings and the family’s possessions were destroyed.
The attack comes after his high-profile campaign targeting undocumented immigrants through various marches and other campaigns nationally.
The former uKhozi FM presenter was ordered to apologise by the SAHRC last year for his allegedly homophobic comments about a gay couple who were dressed in Zulu traditional regalia, condemning them for the attire and demanding an apology to the nation.
Mchunu was charged in 2021 for allegedly inciting violence during the July civil unrest. He was later acquitted on all charges.
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