Human Rights Commission to investigate Open Chats podcast despite its apology
Despite the Open Chats podcast's apology for its untasteful remarks about coloured people, the South African Human Rights Commission (SAHRC) will investigate the platform after receiving complaints.
'The commission has noted that the hosts, through their lawyers, sought to apologise for their offensive remarks soon after the discussion went viral on social media and the discussion has since been removed from the episode,' the SAHRC's statement said on Friday morning.
Media Statement: South African Human Rights Commission (SAHRC) investigates concerning remarks made on Open Chats podcast pic.twitter.com/rHJXQPc6VE — SAHRCommission (@SAHRCommission) August 8, 2025
'However, the commission through its Gauteng provincial office has opened an own accord investigation and will continue with its investigative process.'
On their 128th episode, the hosts of Open Chats podcast, Mthokozisi Methula and Busisiwe Radebe, said that coloured people practice incest and that they are 'crazy'.
Following an uproar from political parties, civil society and the general public, Open Chats released a statement apologising.
'We would like to clarify that Open Chats does not promote or support racism or discrimination, as seen in previous episodes. We have had a wide range of guests on the show, including our coloured community in numerous episodes,' read the podcast's statement. The apology was sent through its legal representatives, Snail Attorneys.
ALSO READ: 'I am appalled by the recent so-called apology issued' — Nonn Botha on Open Chats podcast
'Hate speech is prohibited'
Minister of Sports, Arts and Culture Gayton McKenzie said the comments were racist and he was planning on taking legal action against the podcast.
The EFF and the ANC are some of the political parties that have reacted to the comments made on the Open Chats podcast.
'The commission also confirms receipt of several complaints from political parties and individuals against the Open Chats podcast for the pain endured by the coloured community and other vulnerable communities as a result of offensive remarks on the episode,' said the SAHRC.
The commission said it had sent allegation letters to the respondents and that it may approach the Equality Court as per section 13(3)(b) of the South African Human Rights Commission Act 40 of 2013 (SAHRC Act).
In response to criticism, The Open Chats Podcast has apologized for causing offense to the Coloured community, acknowledging the need for respectful dialogue on sensitive topics
"The intention was never to cause harm or disrespect the Coloured community'
PA leader Gayton… pic.twitter.com/GmKlejXpcJ — News Live SA (@newslivesa) August 6, 2025
The Act deals with the factors to be considered when determining if discrimination is unfair.
Specifically, it states that the impact or likely impact of the discrimination on the complainant is one of the factors to be considered, according to the Act.
'The commission wishes to remind members of the public that the right to freedom of expression is not absolute. Hate speech is prohibited in terms of the Equality Act, and the Prevention and Combating of Hate Crimes and Hate Speech Act, 2023,' said the commission.
'Podcasts are not exempted from these limitations. Podcast owners, hosts and guests are subject to the Constitution and all applicable laws,' read the statement.
NOW READ: WATCH: Gayton McKenzie gives update on Open Chats podcast as Multichoice confirms its removal
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