The Free State High Court has dismissed an appeal by former ANC councillor and Mangaung Member of the Mayoral Committee (MMC) Sibongile “Bongi” Tsoleli, effectively upholding a previous Equality Court ruling that found her guilty of hate speech, harassment, and unfair discrimination. The court confirmed that Tsoleli’s act of forwarding racially offensive WhatsApp messages—which targeted former Mangaung Speaker Stephanie Lockman-Naidoo, her husband, and the Indian community—constituted publication under the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA).
Court ruling and requirements
Following the High Court’s dismissal of the appeal with costs, the original Equality Court order remains fully enforceable. Tsoleli is now legally required to pay R50,000 in damages to Lockman-Naidoo. Additionally, she must issue an unconditional written apology to the complainant and the Mangaung Indian community, which she is mandated to publish in newspapers circulating within Mangaung and Botshabelo.
Beyond financial and public apologies, Tsoleli is required to attend a race sensitisation programme approved by the South African Human Rights Commission. The court specified that she must cover the costs of this training personally.
The High Court’s ruling specifically clarified that the act of forwarding offensive digital messages constitutes “publication” under the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA), rejecting Tsoleli’s defense that she was not the original author of the content.
Political implications for Mangaung
The judicial conclusion of the case places significant pressure on Mangaung Executive Mayor Gregory Nthatisi. Because Tsoleli was appointed to the mayoral committee by Nthatisi, the upholding of the hate speech and harassment findings has sparked questions regarding her political future. Observers are now looking to the Mayor to determine whether Tsoleli will be retained as an MMC or if she will be expected to step aside following the court’s confirmation of her conduct.
The intersection of judicial findings and political office creates a precarious situation for executive leadership. When a court confirms that an official has engaged in discriminatory conduct, the administration faces a binary choice: prioritize institutional integrity and public accountability by removing the official, or risk tacit endorsement of the behavior by maintaining the appointment.
Frequently Asked Questions
What was Sibongile Tsoleli found guilty of?
She was found guilty of hate speech, harassment, and unfair discrimination for forwarding racially offensive WhatsApp messages directed at a former speaker and the Indian community.
What are the financial consequences of the court’s decision?
Tsoleli must pay R50,000 in damages to Stephanie Lockman-Naidoo and is responsible for the costs of her own race sensitisation programme.
Does the ruling affect her position in the mayoral committee?
The ruling has created uncertainty regarding her role as an MMC, as the decision now rests with Executive Mayor Gregory Nthatisi to decide whether she should remain in her position.
Given these findings, how should local government administrations manage officials held liable for discriminatory conduct?
