SAHRC believes there's prima facie evidence that Gayton McKenzie violated Equality Act
The commission has received several complaints against McKenzie for old social media posts that resurfaced after he indicated he would sue podcasters for disparaging remarks made against coloured people.
The SAHRC has now sent an allegation letter to McKenzie before determining its next course of action.
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Patriotic Alliance (PA) leader Gayton McKenzie opened a can of worms when he took aim at the Open Chats podcasters earlier in August, prompting his own comments of the past decade to be scrutinised.
While McKenzie said that his social media posts and comments had been taken out of context, the human rights commission said it had opened an investigation into these posts and McKenzie's alleged xenophobic utterances.
In a statement, the commission said that depending on the response it received from McKenzie, it might institute proceedings against him in the Equality Court.
"The commission wishes to remind members of the public that the right to freedom of expression is not absolute."
The commission said that given McKenzie's position as a minister and a member of Parliament, his conduct is expected to conform to ethical standards.
In response to the human rights commission letter, McKenzie said the truth would emerge.
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