Johannesburg – Kenny Kunene, the suspended deputy leader of the Patriotic Alliance and a former member of the City of Johannesburg’s mayoral committee for transport, has been unsuccessful in appealing a ruling made by the Equality Court that found him guilty of hate speech.
This case dates back to 31 January 2023, when the Equality Court ruled that Kunene’s statements—specifically his references to Julius Malema, leader of the Economic Freedom Fighters, as a “cockroach,” “little frog,” and “criminal”—qualified as hate speech.
As a result, Kunene was ordered to apologize for these remarks aimed at Malema.
Moreover, the Equality Court imposed an injunction prohibiting Kunene from making similar statements in the future and referred his comments to the Director of Public Prosecutions for further investigation.
Despite this ruling, Kunene and the Patriotic Alliance sought to appeal the decision.
Kunene made the derogatory statements about Malema on 7 November 2021 during a televised discussion concerning the outcomes of the local government elections held earlier that month.
On Tuesday, 5 August 2025, the High Court of South Africa, Gauteng Division, Johannesburg, dismissed the appeal, including the costs for two counsel.
“Except for the variations made to the Equality Court’s order below, the appeal is dismissed with costs, including costs related to two counsel, to be paid jointly and severally by the first and second appellants, with one absolving the other,” the court stated.
“Counsel’s costs may be taxed according to the ‘C’ scale.”
Judge SDJ Wilson noted that the Equality Court’s decision was amended and replaced with the following directives:
- 1. It is declared that the first respondent’s use of the term “cockroach” in reference to the complainant during the ENCA television interview on 17 November 2021 constituted hate speech, violating section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000.
- 2. The first respondent (Kenny Kunene) is hereby restrained from using the term “cockroach” to describe the complainant in the future.
- 3. The first respondent (Kenny Kunene) is required to provide a public apology, both written and oral, for referring to the complainant as a “cockroach.” This apology must explicitly retract the use of that term.
- 4. The written and oral apology from the first respondent (Kenny Kunene) must be published within one month from the date of this order.
- 5. The first (Kenny Kunene) and second (Patriotic Alliance) respondents are directed to jointly and severally bear the costs incurred in the complaint, including expenses for two counsel.
