On the 5th of November the South African Human Rights Commission (SAHRC) received a complaint from Mr. Bantu H Holomisa, in his capacity as the President of the United Democratic Movement. The tenor of Mr Holomisa's complaint related to various statements allegedly made by the Minister of Sport, Mr. Ngconde Balfour at meetings of the United Cricket board. Mr Holomisa contended that those remarks, which related to removal of racial quotas in cricket, amounted to hate speech.

In assessing the complaint the SAHRC addressed letters to the United Cricket Board (UCB), Minister Balfour, and Mr Holomisa, requesting further information and documents. Both the Minister and the UCB complied promptly by furnishing us with the relevant information. The SAHRC has had an opportunity to peruse this documentation, which is in its possession.

It is clear that there may be disputes of fact relating to this issue, including the status and accuracy of the document released by the UCB, the appropriateness of releasing records of certain discussions as well as the question of whether or not the Minister did indeed utter these statements. The SAHRC is not in a position to make findings on precisely what was said by whom at the meeting. The answer to these questions will require the Commission to embark on an inquiry at which some 16 to 20 witnesses need to be called with the intended outcome of making credibility findings and pronouncing on the veracity of the documents we have received. We do not think that the circumstances at hand justify the use of the Commission's resources in conducting a public inquiry or obtaining oral testimony.

The requirements of hate speech are clearly set out in section 16 of the Constitution and the alleged statements in our view do not constitute hate speech or racist speech. The SAHRC is, however, of the view that regardless of whether the Minister did indeed utter these remarks, remarks and utterances of this nature are not in accordance with the core values of dignity, equality and freedom, which inform our Bill of Rights.

There is a particular onus on public figures and public bodies to refrain from making undesirable remarks based on race, gender, sexual orientation and the like. In particular, these persons may carry a heavier burden to ensure that all aspects of their conduct are informed by the core values that inform our constitutional democracy. - South African Human Rights Commission