The SA Human Rights Commission (SAHRC) has been preparing to take Velaphi Khumalo to court for alleged hate speech after his Facebook post in early 2016, calling for the country to be cleansed of white people.
“The SAHRC has consolidated all the individual matters on Velaphi Khumalo and registered a new complaint in the name of the SAHRC at the Equality Court,” said commission spokesperson Gail Smith.
“We are in the process of preparing for the institution of litigation against the respondent for hate speech,” she said.
The post was made in January 2016 in response to the Penny Sparrow incident.
Former estate agent Penny Sparrow had referred to black people as monkeys in a complaint over beach litter and, in the fallout, Khumalo’s angry comment was spotted.
He wrote: “I want to cleans this country of all white people. we must act as Hitler did to the Jews. I don’t believe any more that the is a large number of not so racist whit people. I’m starting to be sceptical even of those within our Movement the ANC. I will from today unfriend all white people I have as friends from today u must be put under the same blanket as any other racist white because secretly u all are a bunch of racist fuck heads. as we have already seen [all sic].”
When it emerged that he worked for the ANC run Gauteng government, the provincial sports, arts, culture and recreation department distanced itself from him, condemning the post as “barbaric”.
He was suspended with pay and subjected to a disciplinary hearing, where he was charged for misconduct.
In May, the department said he had pleaded guilty and committed himself to corrective measures, which included counselling. He was given a final warning by the disciplinary panel and went back to work as a sports promoter tasked with encouraging the province to be active.
However, a case of crimen injuria was opened against him, and 19 complaints were lodged at the SAHRC.
On June 10 2016, Sparrow was ordered to pay a R150 000 fine by the Equality Court sitting in Umzinto, KwaZulu-Natal..
Another racist outburst, this time by Capetonian Matthew Theunissen on Facebook, was dealt with swiftly by the commission, without approaching the Equality Court.
“So no more sporting events for South Africa… I’ve never been more proud than to say our government are a bunch of K*****S. yes I said it so go fuck yourselves you black fucking cunts,” Theunissen wrote.
The post came after Sports Minister Fikile Mbalula’s announcement that he had banned the country’s cricket, rugby, netball and athletics bodies from bidding for, or hosting, major sporting events due to a lack of transformation.
In that case, Theunissen had immediately called the SAHRC when he heard that it had initiated an investigation into his comments, and he apologised. He was also doing community service over the post.
On 26 June 2017, Velaphi Khumalo was set to have his day in court and justice was finally going to be served in this land of double standards, but Velaphi Khumalo was no where to be seen, no where to be found.
One of the original complainants received this letter in an email from Senior Legal Officer Jackson Mzila.
Apologies for the late update.
Kindly note that the Directions Hearing that was meant to be held on 26 June 2017 was postponed to 20 July 2017 as a result of the fact that the tracing agent who was instructed to trace the Respondent, Velaphi Khumalo was unable to locate the Respondent.
To that end we have since instructed another tracing agent to trace the Respondent.
Please feel free to contact the writer herein should you need clarity on the above and if you have any information that may assist our tracing agent to locate the Respondent.
We thank you for your patience.
Senior Legal Officer
By avoiding court, it is clear that Velaphi Khumalo is not sincere in his remorse for his actions and would more than likely continue to spew racial hatred.