SA Human Rights Commission considering taking FlySafair incident to Equality Court

The South African Human Rights Commission (SAHRC) is considering taking the incident of a woman caught on camera causing a disturbance and making racist comments on a FlySafair flight to the Equality Court.

SABC employee Nobuntu Mkhize was filmed causing a disturbance by hurling racist comments and verbally and physically attacking cabin crew on a recent FlySafair flight.

Criminal complaint

The incident occurred on Boxing Day, December 26, during a flight from Durban to Cape Town.

The air stewardess and the Democratic Alliance (DA) have both filed criminal complaints against Mkhize.

Equality Court

SAHRC Chairperson Chris Nissen told eNCA they will be considering if there has been any violation of human rights as determined by the courts.

“We have the opportunity to take this case to the Equality Court and it will look at specifically when it comes to human rights violations, either a fine or community services. But that is entirely up to the court.

“Unless the two parties come together and say ‘we want mediation, alternative dispute resolution or arbitration’, we leave that entirely up to the courts to decide.

“If it’s in our hands, we’ll go through the process of investigation and assessment,” Nissen said.

Nissen added the SAHRC has taken note of the Flysafair incident.

“It is up to the Criminal Justice System because aviation rules have been violated. Clearly there is a dignity issue, and there has been almost the point of violence where there is a criminal case laid against the individual concerned.”

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Police investigations

South African Police Service (SAPS) spokesperson Brigadier Athlenda Mathe told The Citizen Mkhize was arrested and charged in terms of the Civil Aviation Act No 13 of 2009 for disruptive and riotous behaviour on board an aircraft in service

“The case was temporarily withdrawn pending further investigation and additional charges.”

The SABC condemned the incident, saying it would address the matter through “relevant channels in line with its internal procedures”.

The Citizen has contacted Mkhize for comment. Her comment will be added to the story once received.

Civil Aviation

The South African Civil Aviation Authority (SACAA) has warned that unruly behaviour onboard an aircraft will not be tolerated and contravening the aviation behaviour rules is a punishable offence that can lead to a jail sentence of up to six months.

SACAA director of civil aviation Poppy Khoza, unequivocally condemned the incident and emphasised the regulator’s zero-tolerance stance against passengers who assault, threaten, intimidate, or interfere with airline cabin crew members.

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