Councillor John Hayes in a racist row and on the way to Equality Court after being found guilty of a racial social media post.
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THE South African Human Rights Commission (SAHRC) has taken Democratic Alliance (DA) councillor Dr John Hayes to the Equality Court over a social media post in 2023 in which he compared a political protest to "monkeys and baboons looting."
The post targeted Economic Freedom Fighters (EFF) members during a local demonstration in the Cederberg Municipal Council and sparked widespread condemnation at the time.
Hayes, who held a leadership role as Speaker of Council, was suspended for one month following an internal disciplinary process.
Zena Nair, provincial manager for the Western Cape at the SAHRC, said the Commission notes the suspension but has no response to it, describing it as “one of the processes which have been ongoing in this matter.”
Nair confirmed that the SAHRC has initiated proceedings against Hayes in the Equality Court.
She said the legal action is based on provisions governing freedom of expression and hate speech, with the Commission seeking a declaration that the post amounts to hate speech in contravention of section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act.
Nair explained that the relief sought includes an unequivocal apology to the EFF and the public, payment of R50 000 in damages to an organisation promoting social cohesion, completion of racial sensitivity training, and payment of legal costs.
According to Nair, Hayes was requested to provide a response to the allegations on three occasions but failed to do so.
"As a matter of public policy, actions of influential persons which can and do influence citizens are to be held to a higher standard," she said, explaining why the matter was referred to the Equality Court.
Political parties have also weighed in.
EFF spokesperson Thato Lebyane criticised the one-month suspension, saying it was insufficient.
"WC MEC Bredell is not consistent. Councillors have been dismissed for far lesser offenses. It sends out a clear message that under the DA, racism will continue to be tolerated," he said.
Lebyane added that Hayes had shown no remorse.
"Dr John Hayes shows no remorse for his actions and still fails to acknowledge the racism implied in his post when he likens the members of the EFF to baboons."
He said the party would continue to press the matter through the National Prosecuting Authority and the courts and that the issue would form part of its mobilisation campaign ahead of the local government elections.
DA spokesperson, Matthew Sims said that the party's response remains the same.
"We still don't have a comment on this at this time," he said.