Azra Hoosen | ah@radioislam.co.za
7 January 2025 | 15:00 CAT
2 min read

The South African Human Rights Commission (SAHRC) is weighing legal action in the Equality Court following a Boxing Day incident aboard a FlySafair flight. The altercation, which occurred on a flight from Durban to Cape Town, involved SABC employee Nobuntu Mkhize, who was captured on video allegedly making racist remarks and attacking cabin crew. Public outrage has since erupted over the incident.

SAHRC Commissioner Tshepo Madlingozi confirmed that a formal complaint had been received and indicated that the commission would assess the matter further. While specific human rights violations have yet to be determined, he noted that complaints of racism and hate speech typically implicate the rights to dignity and equality, which are fundamental to South Africa’s constitutional values.

According to Madlingozi, in terms of their complaints-handling procedure, there are several options available: One option is to facilitate mediation if the matter raises prima facie human rights violations and both parties are willing to participate. The second option is to take the matter to the Equality Court. He explained that in such cases, the applicable legislation includes the Equality Act, formally known as the Promotion of Equality and Prevention of Unfair Discrimination Act. This act explicitly prohibits hate speech and acts of racism. “Should we pursue this route, the court will need to determine whether the statements or actions in this incident meet the legal definitions of hate speech or racism under the act,” he said.

Madlingozi outlined that if the Equality Court finds that a human rights violation occurred, there are four common outcomes. The court might order a public apology, particularly if the incident happened in a public setting and received widespread attention. Alternatively, a fine could be imposed on the perpetrator. Another possible outcome is community service, where the individual is required to contribute to society and reflect on their actions. Lastly, the court might mandate diversity training, a process designed to educate individuals about different cultures, races, and what constitutes offensive behaviour, promoting better coexistence.

Mediation is often proposed as an initial step, but it requires both parties—the alleged victim and perpetrator—to agree voluntarily. Currently, the commission has limited details, including information about the alleged victim, who appears to be an airline employee. Once the matter is assessed and deemed a prima facie case, the commission will approach both parties to explore the possibility of mediation. If both agree, the SAHRC will facilitate discussions to help reach a resolution.

While incidents like this may involve potential breaches of aviation regulations, these fall under the purview of the relevant aviation authorities and law enforcement agencies. A criminal case has been opened, and the police will investigate any possible violations of aviation laws. Bodies like the International Air Transport Association (IATA) or aviation regulators are responsible for addressing such matters.

Madlingozi acknowledged that alleged incidents like this reveal ongoing challenges to South Africa’s social cohesion and democracy, showing that respect and unity remain elusive for many. These issues highlight the need to address nation-building and create a more harmonious society. He emphasised that such incidents serve as reminders that the pursuit of national unity requires continuous, proactive, and collective efforts.

LISTEN to the full interview with Ml Ibrahim Daya and Tshepo Madlingozi, SAHRC Commissioner, here.