(SAHRC) NOTES CONCERNING REMARKS MADE BY MR NHLAMULO ‘NOTA’ BALOYI.

(SAHRC) NOTES CONCERNING REMARKS MADE BY MR NHLAMULO ‘NOTA’ BALOYI.

The South African Human Rights Commission (SAHRC) has initiated an official inquiry into the contentious remarks made by media figure Nhlamulo ‘Nota’ Baloyi during an episode of The Hustlers Corner SA podcast, which was released on YouTube on 17 February 2025. These statements, which allegedly conveyed disparaging views towards white individuals, have led to numerous complaints, prompting the Commission to act promptly.

On 20 February 2025, the Gauteng Provincial Office of the SAHRC confirmed that it had launched the investigation independently after receiving several public grievances regarding Baloyi’s comments. The Commission underscored its serious approach to the issue and is assessing the appropriate legal measures, which may involve taking the matter to the Equality Court in accordance with South African legislation. The SAHRC cited Section 13(3)(b) of the South African Human Rights Commission Act 40 of 2013 and Section 20 of the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000 as part of its operational framework.

In its announcement, the SAHRC reminded the public that while the Constitution of South Africa guarantees freedom of expression, this right is not without limitations. The law explicitly prohibits hate speech and any speech that incites violence or conflict. Public forums, including podcasts, are subject to these legal restrictions. Consequently, both hosts and guests of podcasts are required to comply with the constitutional standards of the nation.

The Commission’s investigation occurs amid rising tensions regarding race, freedom of speech, and accountability on public platforms in South Africa. Although Baloyi is recognized for his outspoken and often provocative views, the specific remarks in question have resonated deeply, given the ongoing racial dynamics that influence the country’s social and political environment.

The South African Human Rights Commission (SAHRC) has informed the public that it is thoroughly evaluating the situation and will issue an update regarding the investigation by 21 February 2025. The resolution of this case may have considerable consequences for the manner in which public figures and media organizations address the intricacies of free speech and responsible communication in South Africa.

As the situation unfolds, the Commission’s response will be closely monitored, as it could establish a precedent for the handling of similar cases in the future. At this juncture, the SAHRC continues to prioritize the protection of human rights and the maintenance of respectful public discourse within the legal framework.

The statement is as Follows :

The South African Human Rights Commission (SAHRC) acknowledges an episode of The Hustlers Corner SA, which was published on YouTube on Monday, February 17, 2025, in which Mr. Nhlamulo ‘Nota’ Baloyi articulated various opinions regarding white individuals.

The Commission confirms that its Gauteng Provincial Office has initiated an investigation into this matter on its own accord. Additionally, the Commission has received multiple complaints concerning Mr. Baloyi. The situation is currently under evaluation, and the Commission will decide on the appropriate course of action, which may involve initiating proceedings in the relevant Equality Court in accordance with section 13(3)(b) of the South African Human Rights Commission Act 40 of 2013 (SAHRC Act), in conjunction with section 20 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000.

The Commission would like to remind the public that the right to freedom of expression is not without limitations. Hate speech, as well as the incitement of war and imminent violence, is strictly prohibited. This restriction applies to podcasts as well. Both podcast hosts and guests are bound by the Constitution and all relevant laws.

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