The South African Human Rights Commission (SAHRC) has announced that it will take artist manager Nhlamulo “Nota” Baloyi to the Equality Court over alleged hate speech. The move follows remarks he made on The Hustlers Corner SA podcast, where he reportedly referred to white people as “Neanderthals” and claimed they were inferior to black people.
The comments, made on February 17, triggered widespread complaints from across the country, prompting the commission to launch an investigation.
Legal Grounds for the Case
After assessing the matter, the SAHRC determined that there was a prima facie (on the face of it) case of hate speech against Baloyi. The commission stated that its legal framework is based on the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) and existing hate speech jurisprudence.
“The right to freedom of expression is not absolute,” the SAHRC emphasized. “Hate speech and the propagation of war and imminent violence are prohibited. Podcasts are not exempt from these limitations, and both podcast owners and guests must adhere to the Constitution and all applicable laws.”
Potential Consequences for Baloyi
As part of the proceedings, the SAHRC will request that Baloyi:
- Issue a public apology for his remarks.
- Undergo diversity and sensitivity training.
- Perform community service.
- Pay a monetary fine.
Additionally, the commission advised that complainants seeking further legal recourse may file a crimen injuria case with the South African Police Service (SAPS).
Broader Implications for Media and Podcasts
This case highlights the growing scrutiny of online platforms, particularly podcasts, where controversial statements often go unchecked. The SAHRC’s decision reinforces that content creators and their guests are accountable under South African law.
As digital media continues to influence public discourse, legal experts note that this case could set a precedent for how hate speech is policed in online spaces.
Public Reaction and Next Steps
Baloyi has yet to respond to the SAHRC’s legal action, but the case is expected to gain traction in the coming weeks. If found guilty, it could serve as a warning to others about the legal consequences of inflammatory rhetoric.
The SAHRC has reiterated its commitment to upholding equality and preventing unfair discrimination, urging public figures to be mindful of their words and their impact on society.
