Lithemba Ncanywa Inc

FREEDOM OF SPEECH AGAINST OTHER FUNDAMENTAL RIGHTS

We all have a constitutional right to freedom of speech. However, such right should be exercised carefully to avoid infringing on other people's constitutional rights.

Steve Hofmeyr had to learn this the hard way. Pursuant to his social media post wherein, among other things, he said the LGBTIQ+ acronym includes those who engage in be******ty, our client, OUT LGBT Well-being, filed a complaint at the South African Human Rights Commission (SAHRC).

Thereafter, the SAHRC together with our client instituted legal proceedings against Steve Hofmeyr in the Equality Court, Gqeberha. However, the parties settled before the matter proceeded to trial and the settlement was made an Order of Court on 13 March 2023.

Steve Hofmeyr tendered to, among other things, pay a sum of R100 000.00 to our client, issue a public apology, participate in a diversity and inclusivity awareness and to pay our client's legal costs.

This is a great victory for the LGBTIQ+ community and it was a privilege to be part of this humbling process.

"OUT would like to thank the South African Human Rights Commission and its Eastern Cape Provincial Manager, Dr Eileen Carter, and Commissioner Andre Gaun; Lithemba Ncanywa Inc Attorneys; Advocate Msizi; and Sibonelo Ncanana, OUT's Human Rights Coordinator in Gqeberha, for their invaluable work in this case." These words express OUT's gratitude for the efforts of all those who were involved in this case.

We are really honoured to having successfully represented OUT in this case.

https://out.org.za/media-release-out-welcomes-steve-hofmeyr-hate-speech-settlement/