Rights body takes Velaphi Khumalo to court over racist rant

"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, during a racially charged start to the year.

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]."

Below is a screen grab of the Facebook post: 

Counselling

When it emerged that he worked for the 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. 

The commission is still preparing for the court application.

On June 10, Sparrow was ordered to pay a R150 000 fine by the Equality Court sitting in Umzinto, KwaZulu-Natal.

Magistrate Irfaan Khalil said the amount had to be payable within 60 days, and interdicted Sparrow from further hate speech.

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.

The commission has also already lodged a case with the Equality Court in Johannesburg over motorist Vicki Momberg's rascist rant. The police officer involved in that incident lodged a complaint.

eNCA released a video of an upset and angry Momberg clutching a phone and shouting, "One k**** is bad enough. This happens all the time, all the time. The k***** here in Joburg are terrible. I’m so sick of it."

She was speaking after a smash and grab in Johannesburg.