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The Centre for Human Rights, Faculty of Law, University of Pretoria, welcomes the recent court order by the Equality Court holding singer Steve Hofmeyr accountable for discriminatory and queerphobic comments made on his Facebook account in April 2022.

The Gqeberha High Court, sitting as the Equality Court, ordered Hofmeyr to release an unconditional apology on his social media platforms. Hofmeyr did so soon after the case was concluded, observing as follows:  ‘I regret the hurt and offence caused as a result of the comments and apologise unconditionally to members of the LGBTQ+ community as well as any other member of public that was offended by my comments.’

The settlement also provided that Hofmeyr must attend inclusivity and sensitivity training hosted by the South African Human Rights Commission, and that he must  pay R100 000 to OUT LGBT Wellbeing, a registered non-profit organisation dedicated to competent and inclusive wellbeing for members of the LGBTQI+ community. The Court’s order followed a settlement between the two parties.

This decision is a positive step towards ensuring accountability for individuals who make discriminatory comments against the LGBTIQ+ community, which can contribute to harmful attitudes and stigma against this group. For too long, LGBTIQ+ persons in South Africa have experienced violence – including rape and murder – stemming from social attitudes perpetuated by dangerous comments such as those made by Hofmeyr.

The comments, which the court found amounts to hate speech, stemmed from a video on Facebook where Hofmeyr responded to Disney’s commitment to more inclusive animation by stating that the ‘plus’ in LGBTIQ+ acronym includes bestiality and may support the sexual grooming of children.

The Centre for Human Rights remains in solidarity with the LGBTIQ+ community and advocates for the protection of their rights. We strongly condemn discriminatory remarks as having no place in a democratic society that values equality and respect for diversity.

We call on all South Africans to reject discrimination and prejudice in all forms, and to support efforts to promote inclusivity and diversity. We further call on all public figures to use their platforms responsibly and to refrain from making comments that could harm vulnerable groups in our society.

The Centre for Human Rights will continue to work towards the protection and promotion of human rights and will support efforts to create inclusive environments and combat discrimination in all its forms. The Centre also urges the LGBTIQ+ community to utilise the Equality Courts as a forum to seek relief from hate speech and discrimination in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000 (PEPUDA) enforced to bring effect to the values of human dignity and equality contained in the South African Constitution. Frans Viljoen, Director of the Centre for Human Rights, noted:

‘The outcome of this case illustrates that the rights of the LGBTIQ+ community can be vindicated by submitting a case to the Equality Courts, as the SAHRC and OUT have done in this case. It also underscores that the Equality Court process is quicker, cheaper and less complicated than formal legal proceedings.’


For more information on the South African Equality Courts, please contact:

Prof Frans Viljoen
Director: Centre for Human Rights

Professor of International Human Rights Law

Tel: +27 (0) 12 420 3228
Fax: +27 (0) 86 580 5743
frans.viljoen@up.ac.za

 

Dr Ayodele Sogunro
Manager: SOGIESC Unit

Tel: +27 (0) 12 420 3151
Fax: +27 (0) 86 580 5743
ayodele.sogunro@up.ac.za