Press Release: Victory against Hate Speech
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HISTORIC VICTORY FOR LGBTQIA+ RIGHTS AS THE COURTS RULE AGAINST HATE SPEECH
The Hate Crimes Working Group (HCWG) welcomes the Court’s judgment in the TransHope & HCWG & SA Human Rights Commission vs Ngizwe Mchunu matter, which found in favour of the applicants and granted all the relief sought.
This is a victory not only for the parties before the Court, but for every LGBTQIA+ person who has ever been told they are less deserving of dignity, respect or equal treatment under the law.
The case was initiated and courageously led by TransHope. HCWG joined the proceedings in support of TransHope, alongside the South African Human Rights Commission (SAHRC), because the issues at stake extended far beyond a single individual or incident. This case was about whether hate speech directed at LGBTQIA+ people would be challenged or allowed to flourish unchecked.
Today, the Court has delivered a clear answer.
South Africa’s Constitution protects the rights, dignity and equality of LGBTQIA+ people. Hate speech that seeks to dehumanise, marginalise or incite hostility against our communities is unacceptable and unlawful, and will be dealt with accordingly.
We extend our deepest gratitude to Lawyers for Human Rights (LHR), whose commitment, expertise and unwavering pursuit of justice helped secure this important outcome. Their service to human rights and solidarity does not go unnoticed!
For decades, the Hate Crimes Working Group, LGBTQIA+ activists and human rights defenders have warned that hateful rhetoric is not harmless. Hate speech fuels prejudice. Prejudice fuels discrimination. Discrimination fuels violence. In a country where LGBTQIA+ people continue to face harassment, exclusion and hate crimes, words have consequences.
This judgment decisively affirms that reality!
The ruling sends a powerful message that constitutional rights are not optional, and that minority communities cannot be treated as targets for hatred and division. It reaffirms that LGBTQIA+ rights are human rights, and that attacks sexual and gender diverse communities threaten the human rights framework that protects us all.
This victory belongs to every activist, every survivor, every ally and every organisation that continues to fight to build a South Africa where dignity, equality and freedom is a lived reality for everyone.
But this is not the end of the journey.
Court judgments alone cannot eradicate prejudice. They cannot undo the harm experienced by those who have been subjected to hatred and discrimination. What they can do is establish accountability, uphold constitutional values and make it clear that there are consequences when those values are violated.
As HCWG, we remain committed to confronting hate speech, challenging discrimination and advocating for a society where diversity is celebrated rather than feared.
Today we celebrate. Tomorrow, we continue the work.
Because every person deserves to live openly, safely and with dignity.
This judgment is a victory for justice, for equality, and for the fundamental principle that no person should be targeted because of who they are.
It reinforces what we have always known: LGBTQIA+ rights are human rights, and hate speech has no place in a constitutional democracy.
Issued by:
The Hate Crimes Working Group (HCWG)
Media Enquiries: hcwgsa@gmail.com
