Durban — The South African Human Rights Commission (SAHRC) reached an out-of-court settlement agreement with Steve Hofmeyr on his hate speech remarks relating to the LGBTIQ+ community.
On Monday, the SAHRC announced that a settlement was reached with Hofmeyr in a matter pertaining to comments he made on social media relating to the LGBTIQ+ community.
The settlement agreement has been made an order of court.
Hofmeyr made the comments following Disney's announcement that its characters would become more inclusive.
In a now-deleted Facebook post, Hofmeyr said this did not sit well with conservative parents.
“While my generation learned to speak to mice, ducks and dogs, our children will be taught how to have sex with mice, ducks and dogs,” he said.
He went on to say: “You think it’s weird, but let me tell you why I’m saying this. Those relationships with animals are part of that ‘+’ at the end of the LGBTQ; that includes those kinds of relationships with animals.”
The SAHRC said as part of the settlement, Hofmeyr among others agreed to:
- Tender an unconditional apology for his comments, forming the subject of this litigation (the impugned statements), while acknowledging that the statements he made were hurtful to members of the LGBTQ+ community, and members of the public who found his comments offensive.
- Pay the amount of R100 000 as a settlement amount to the second applicant, OUT LGBT Well-being, which is a non-profit organisation that works to ensure the health, well-being and human rights of the LBTIQ+ community.
- Attend a diversity and inclusivity conversation to be arranged by the SAHRC.
The SAHRC welcomed the settlement as a positive step towards promoting diversity and protecting the rights of all individuals, including those who identify as LGBTIQ+.
“We believe that this settlement reinforces the importance of cultivating tolerance, understanding and respect for all human beings and upholding the right to dignity for all regardless of sexual orientation, gender identity, or any other personal characteristic,” the SAHRC said.
“We urge all South Africans to be mindful of the dangers of using social media platforms to share or post comments which may be hurtful or in some cases harmful to others. We live in a diverse society where people have the right to express their opinions and beliefs, but this must be done in a manner that does not infringe on the rights of others. We call on all South Africans to engage in respectful, positive and constructive dialogue, which recognises and celebrates our differences.”
The SAHRC reiterated that it remains committed to advancing human rights in South Africa and will continue to take action against hurtful speech in all its forms.
“We believe that this settlement serves as a reminder that the promotion and protection of human rights requires all of us to work together towards a more just and equitable society, where the rights of all are protected,” the SAHRC said.
The relevant portions of the settlement agreement between the parties are copied below:
The respondent –
acknowledges that his impugned utterances, forming the subject matter of this litigation were hurtful to members of the LGBTQ+ community.
regrets any and all hurt and offence caused as a result of the impugned utterances and apologises unconditionally to members of the LGBTQ+ community as well as any other member of public that was offended by the impugned utterances.
shall publish the apology contained in (a) and (b) above on all his social media platforms as soon as possible after this consent order has been made an order of court.
agrees to the publication of his apology contained in (a) and (b) above, on the official website and social media platforms of the first applicant.
The respondent shall participate in a diversity and inclusivity awareness conversation to be presented by the first applicant at a mutually agreed date and time within three months after the date of this order.
The matter set down for July 31 to August 4 shall be removed from the trial roll of the above honourable court.
The respondent shall pay –
- a settlement amount of R100 000 to the second applicant;
- the second applicant’s party and party costs up until the earliest of March 10, 2023, or the date of this order; and
- the reasonable disbursements incurred by senior counsel briefed by the first applicant with regards to her appearances and attendances in respect of this matter.
Additionally, the SAHRC thanked the media for their continued support in promoting and protecting human rights in South Africa.
The SAHRC also said it would provide further information regarding the settlement and its implications, if any, in due course.
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