The Speaker of the KwaZulu-Natal Legislature joins hands with the LGBTQIA+ community, activists, and allies across South Africa in strongly condemning the recent homophobic remarks made by Mr Ngizwe Mchunu. These comments, made in response to a same-sex customary marriage, undermine the dignity and equality of individuals and stand in direct conflict with the values enshrined in our Constitution.
As the Preamble of the Constitution reminds us, South Africa is founded on the principles of human rights, equality, and dignity for all. The Bill of Rights makes it clear that all people are equal before the law and are protected against unfair discrimination, including on the grounds of sexual orientation. It affirms that everyone has inherent dignity, which must be respected and protected, and it safeguards the cultural rights of all South Africans to participate freely in their traditions. This includes the LGBTQIA+ community, who are entitled to honour their heritage, celebrate their love, and live openly without fear or prejudice.
It must be emphasised that culture belongs to all who live it. It is not stagnant, nor does it belong to a select few who seek to exclude others. Love, tradition, and dignity are rights shared equally by all, including same-sex couples.
KwaZulu-Natal has tragically seen some of the most horrific killings of LGBTQIA+ communities in South Africa. Families continue to mourn loved ones who have been brutally targeted simply because of who they are or whom they love. It is against this painful backdrop that Mr Mchunu’s remarks are especially dangerous. His words do not exist in isolation, they fuel an environment of hate, legitimise prejudice, and embolden acts of violence. When public figures spread homophobia, they directly contribute to the culture of fear and the rise of hate crimes that already scar our province.
In fulfilling our constitutional duty, it is important to note that Section 114 of the Constitution states: “The provincial legislature must provide for mechanisms to ensure that all provincial executive organs of state in the province are accountable to it; and to maintain oversight of the exercise of provincial executive authority in the province, including the implementation of legislation.” In line with this provision, the KwaZulu-Natal Legislature has worked with LGBTQIA+ organisations to fight hate crimes and killings, while advancing inclusivity, equality, and the protection of rights. Through platforms such as the LGBTQIA+ Symposium, we have created spaces for dialogue between government, communities, and civil society to ensure that the voices of LGBTQIA+ communities are heard in shaping laws and policies.
Remarks such as those made by Mr Mchunu are not only divisive but constitute hate speech as defined in law. The recently signed Prevention and Combating of Hate Crimes and Hate Speech Act, 2023 makes it a criminal offence to intentionally publish, propagate, advocate, or communicate words that incite harm, promote hatred, or discriminate against others on the basis of sexual orientation. This law recognises what communities in KwaZulu-Natal already know too well: that hate speech does not end with words, it creates an environment on which hate crimes and killings occur. In a province where LGBTQIA+ lives are already under attack, such speech cannot be tolerated, excused, or dismissed.
We therefore call for accountability and urge institutions such as the South African Human Rights Commission (SAHRC) and the Commission for Gender Equality to intervene decisively. The matter must be reported to the SAHRC, which has the mandate to investigate and assist complainants in approaching the Equality Court. The Equality Court, under the Promotion of Equality and Prevention of Unfair Discrimination Act, is a vital instrument to hold individuals accountable for acts of hate and to protect the rights of marginalised communities. As part of our constitutional oversight, the Legislature will follow up with these institutions to ensure that action is taken.
The KwaZulu-Natal Legislature also supports the demand that Mr Mchunu issue a public apology to the LGBTQIA+ community, undergo sensitivity and inclusivity training, and commit to acts of solidarity and kindness toward queer people. Legal accountability must follow, because constitutional rights cannot be undermined without consequence.
We call on all leaders, traditional leadership, cultural custodians, and our communities to reject hate and stand firm in defence of human rights. True African culture is rooted in ubuntu, humanity, compassion, and respect. Any attempt to weaponise culture against others is a distortion of its true essence.
The KwaZulu-Natal Legislature remains committed to protecting the human rights of all citizens, particularly those who are most vulnerable to violence and discrimination. Together, we must build a province and a country where dignity, equality, and respect are not negotiable, but guaranteed realities for all.
For more information, please contact:
Ms. Phathisa Mfuyo – Media Liaison Officer, KZN Legislature Office of the Speaker
Tel: 081 021 5111
