Press Statement: Victory for LGBTQIA+ Rights in the Equality Court Matter Against Ngizwe Mchunu Relating to Hate Speech Against LGBTQIA+ Persons

Date: 19/06/2026


Lawyers for Human Rights (LHR) welcomes the judgment of the Gauteng Division of the High Court, sitting as the Equality Court, in the matter of Trans hope and Others v Ngizwe Mchunu and Another handed down on Friday, 19 June 2026. The matter concerns statements made by Mr Ngizwe Mchunu against members of the Lesbian, Gay, Bisexual, Transgender, Queer/ Questioning, Intersex and Asexual/Aromantic (LGBTQIA) + community. LHR acted for the First and Second Complainants, Trans hope and the Hate Crimes Working Group, alongside the South African Human Rights Commission (SAHRC/ the Commission) as the Third Complainant.

The application for relief from the Equality Court followed a spate of online hate speech, harassment and unfair discrimination against LGBTIAQ+ persons – which culminated in an aggressive in-person march against a social venue frequented by LGBTIAQ+ persons on Sunday, 5 October 2025, which had to be defused by police. An Equality Court complaint was instituted against the person responsible for publishing the hateful material online on his social media platforms and for leading the march- Mr Ngizwe Mchunu. Owing to the nature of Mr Mchunu’s conduct and the provocative community he has amassed on social media, LHR and the SAHRC approached the Equality Court for relief for the unlawful conduct and hate speech published, as provided for in the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 and the Regulations promulgated thereunder.

On 19 June 2026, the Honourable Court found in favour of our clients and declared Mr Mchunu’s statements and conduct to amount to hate speech, harassment and unfair discrimination under sections 10, 11 and 6 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 and further, that Mr Mchunu has acted against the Constitution and has insulted and threatened persons who enjoy Constitutional rights. The Court’s findings affirm that hate speech, harassment, and discrimination against LGBTQIA+ persons hold no place in our democracy.

The significance of the judgement above is not lost within the context of Pride Month. As South Africa marks Pride Month, this case is a reminder of why Pride remains necessary: not as a celebration removed from struggle, but as an assertion of dignity in the face of ongoing, organised hostility. LGBTQIA+ South Africans continue to face violence, exclusion and public vilification, often amplified at scale through social media. This judgment affirms that the constitutional promise of equality, dignity and freedom from discrimination is not aspirational. It is enforceable.

LHR acknowledges the courage of Transhope, a KwaZulu-Natal-based organisation supporting transgender persons, and the Hate Crimes Working Group, in bringing this matter and seeing it through to a final order. This judgment highlights, clearly and without qualification, that branding LGBTQIA+ people with slurs, comparing them to animals, accusing them of grooming children, and telling thousands of followers that they deserve death or imprisonment, is not cultural commentary or protected opinion. It is unlawful hate speech and harassment. Online influence carries real-world consequences. When that influence is used to mobilise hatred, it is vital that our courts act.

South Africa’s Constitution guarantees equality and human dignity to all who live in it, regardless of sexual orientation or gender identity. This judgment is a defence of that guarantee, and a signal that those who use public platforms to incite hatred against LGBTQIA+ communities will be held accountable. LHR remains committed to defending the constitutional freedoms of all South Africans, and to ensuring that equality before the law is a lived reality, not merely a written promise.

Find the judgment here: https://www.lhr.org.za/lhr-resources/transhope-v-mchunu-judgement/

For media enquiries, please contact:

Transhope

Sazi Jali: info@transhope.co.za / director@transhope.co.za

Hate Crimes Working Group

Kim Lithgow: samelovetoti@gmail.com

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