Human Rights Commission keeping an eye on Mkhwebane’s alleged ‘racial slurs’ matter

The South African Human Rights Commission (SAHRC) said it is monitoring the sentiment surrounding impeached public protector and Economic Freedom Fighters (EFF) Member of Parliament Busisiwe Mkhwebane’s alleged “racial slurs” about Indians.

Mkhwebane is in hot water following a post on X (formerly Twitter), in which she made accusations against individuals of Indian descent and parliamentary staff, blaming them for her repeated failures to convince the courts of the merit of her legal actions.

Mkhwebane accused individuals of “predominantly Indian descent” of “persecuting” her.

On Sunday, the Democratic Alliance (DA) said her remarks were “derogatory, racist and unsubstantiated”.

Intention to approach SAHRC for intervention

SAHRC spokesperson Wisani Baloyi on Monday said the commission has taken note of Mkhwebane’s remarks.

“The commission has also noted the public discourse that followed the statement, wherein members of the judiciary, academia, civil society organisations and society more broadly raised concerns about the racial undertones of the statement.

“The Commission is closely monitoring this matter, having also noted the public reports about the intention of some interest groups to approach the Commission for intervention in this matter.

“The Commission would like to remind everyone that while the judiciary is not above criticism, such criticisms must be within the ambit of the law. Moreover, the right to freedom of expression enshrined in section 16 of the Constitution must be exercised with due regard to the rights of others, as well as the internal limitations of that right,” Baloyi said.

ALSO READ: DA refers Mkhwebane to Ethics Committee over Indian ‘racial slurs’

Ethics committee

Meanwhile, Mkhwebane is expected to face a complaint as the DA plans to refer her alleged “racial slurs” to Parliament’s Ethics Committee.

DA chief whip George Michalakis said the Code of Conduct for members of the National Assembly requires members to abide by their Oath of Office to uphold the Constitution and laws of the Republic.

“It further bars members from using social media to bring Parliament into disrepute when using, engaging in or communicating content on social media platforms

“The DA will submit an affidavit to the Registrar of Parliament requesting the Ethics Committee, once constituted, to investigate this matter to make a ruling and impose an appropriate sanction on Mkhwebane,” Michalakis said.

Michalaki said the “DA will not allow such remarks attacking the dignity of a particular race group.”

SCA ruling

Mkhwebane made the remarks in reaction to the dismissal of her appeal in the Supreme Court of Appeal (SCA).

Last week, the SCA struck from the roll Mkhwebane’s leave to appeal application against a previous ruling by the Western Cape High Court. She was arguing for the recusal of certain members of the committee that removed her as a public protector.

She claimed Judge Visvanathan Ponnan displayed “noticeable arrogance and dismissiveness” throughout the August proceedings.

Parliament and other political parties have condemned Mkhwebane’s “racial slurs” against people of Indian descent.

ALSO READ: Mkhwebane apologises if ‘Indian descent’ remarks came across as racial slur [VIDEO]