SAHRC takes action against Gayton's K-word tweets
The organisation also addressed the Patriotic Alliance leader's xenophobic comments against African foreign nationals.
In the statement issued on Friday, 15 August, the SAHRC revealed that it had formally opened an investigation into Gayton McKenzie's old tweets after receiving several complaints from political parties and the public.
It found that the minister had violated the Equity Act and had sent a letter of allegations informing of such.
The commission pledged to navigate the way forward, which includes instituting proceedings at the Equality Court.
It stated: 'The commission wishes to remind members of the public that the right ot 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.
'Given his position, Minister McKenzie's conduct is expected to confirm ethical standards that is becoming of a minister and member of parliament. Gayton McKenzie's K-word tweets cannot be probed by a parliamentary ethics committee. Images via X
'The commission calls on everyone in the country to uphold the principles enshrined in the Constitution, including human dignity, equality, and non-discrimination.'
Meanwhile, Parliament spokesperson Moloto Mothapo stated that an ethics committee could not probe Gayton McKenzie's old tweets from 2013 – 2017 as he was not an MP at the time.
He said: 'In terms of Item 4(2)(a) of the code, read with Item 4(3)(f), conduct committed before a person becomes an MP does not fall within the scope of the code.
'Accordingly, no complaint has been opened by the registrar, and both parties were informed of this in writing earlier today. There is, therefore, no competent complaint before the ethics committee.'
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