uMkhonto we Sizwe (MK) Member of Parliament Visvin Reddy has filed a formal complaint with the South African Human Rights Commission (SAHRC) against eThekwini Mayor Cyril Xaba. The complaint follows a viral video showing the mayor in a confrontation at Durban’s Sherwood Park, where he told human rights activist Yeshelen Govender, “I’m not speaking to you, I’m speaking to the Africans.”
The man involved in the altercation, Yeshelen Govender, is the son of former ANC MEC Maggie Govender. While the mayor’s spokesperson initially claimed the man was a foreign national, his identity as a Durban-based activist and citizen was later confirmed.
Constitutional Allegations and the SAHRC Complaint
According to the formal complaint submitted by Reddy, the mayor’s conduct constitutes a breach of Section 9, which covers the Right to Equality, and Section 10, which protects Human Dignity. Reddy argues that by labeling a South African citizen of Indian descent as “not an African,” the mayor engaged in discriminatory rhetoric that denies the historical and constitutional status of the Indian community in South Africa.
Reddy’s filing requests that the SAHRC investigate the incident and consider several remedies. These include a formal, unconditional public apology from Mayor Xaba to Govender and the broader public, as well as a R30,000 financial penalty. The suggested penalty would be distributed equally among three non-profit organizations: The Divine Life Society, Food for Life, and Gift of the Givers.
This incident highlights the tension between public office bearers and civil society activists during sensitive community disputes. By invoking constitutional protections, the complaint shifts the focus from a localized argument at a migrant camp to a broader legal debate regarding who constitutes an “African” under the country’s democratic framework.
What Could Happen Next?
The SAHRC is expected to review the complaint to determine if there are grounds for a full investigation into the mayor’s remarks. If the commission proceeds, it may issue findings regarding whether the mayor’s language violated the constitutional rights of the complainant.
Additionally, the matter may be referred to municipal and political structures to evaluate if the mayor’s conduct breached the code of conduct for public office bearers. While spokesperson Mlu Mtungwa has defended the mayor’s actions, citing the nature of the confrontation at the park, the outcome of the SAHRC process could determine if further disciplinary or corrective measures are required. Yeshelen Govender has stated he intends to meet with the mayor to discuss the matter directly.
Frequently Asked Questions
Why was Mayor Cyril Xaba at Sherwood Park?
The mayor was at the park during a period when thousands of foreign migrants were camping there to demand repatriation.
What was the specific remark that led to the complaint?
In a video of the altercation, Mayor Xaba is seen telling Yeshelen Govender, “I’m not speaking to you, I’m speaking to the Africans.”
What is the mayor’s current position on the incident?
Spokesperson Mlu Mtungwa has insisted that the mayor acted appropriately given Govender’s conduct during the confrontation and has declined to provide further comment while the matter is under consideration.
How should public officials balance the need for firm communication with the legal requirements of constitutional equality?
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