Nota Baloyi
By Karabo Marifi
Johannesburg – On Monday, 24 February 2025, the South African Human Rights Commission (SAHRC) announced its decision to institute Equality Court proceedings against music executive Nhlamulo Nota Baloyi for alleged hate speech. This bold move follows controversial remarks Baloyi made on 17 February 2025, during an episode of The Hustlers Corner SA podcast, published on YouTube, where he described white people as “inferior” and possessing “Neanderthal blood.” The SAHRC’s action underscores its commitment to upholding South Africa’s legal framework against hate speech, sparking widespread debate across the nation.
The Controversial Remarks Ignite Outrage
During his appearance on The Hustlers Corner, hosted by DJ Sbu, Baloyi made several inflammatory statements about white South Africans, claiming they are an “inferior species” compared to black people. He asserted, “They are inferior species (compared) to us. We’re Homo Sapiens; they have got Neanderthal blood in them. This is the science. This science was not done by black people; it was done by them.” These remarks, which also referenced apartheid-era politician Clive Derby-Lewis as a eugenicist, have drawn sharp criticism for promoting racial division and scientific misinformation.
Baloyi further claimed, “They studied this, and they realised that they are inferior to black people. The white population is shrinking. For us, it makes no sense to descend into the savagery that they have. Whatever land that they are holding onto, either way, their numbers are dwindling. Whatever leadership they have is dying out as well.” These statements, aired on 17 February 2025, quickly went viral, prompting an avalanche of complaints to the SAHRC and igniting public outrage.
The remarks have been widely condemned as racist and divisive, with many South Africans arguing they perpetuate harmful stereotypes. Posts on X, South Africa’s leading social media platform, reflect the polarized reactions. One user wrote, “Imagine if the races were reversed. No one, regardless of their race, should ever be described as less than human.” Another stated, “If a white person had said this, the outrage would be deafening. This is unacceptable.” Even billionaire Elon Musk commented on X with a simple “Hmm,” signaling his disapproval of Baloyi’s statements.
SAHRC Steps In: A Prima Facie Case of Hate Speech
The SAHRC, mandated to promote equality and prevent unfair discrimination, launched an own-accord investigation after the podcast episode was published. According to a media statement dated 20 February 2025, the Commission received numerous complaints from across the country, registered with its Gauteng Provincial Office. After a thorough assessment, the SAHRC concluded there is a prima facie case of hate speech under the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000.
In its latest statement on 24 February 2025, the SAHRC confirmed, “Hate speech and the propagation of war and imminent violence are prohibited. Podcasts are not excluded from these limitations. Podcast owners and guests are subject to the Constitution and all applicable laws.” The Commission emphasized that while freedom of expression is a constitutional right, it is not absolute, and such limitations are critical to fostering a society rooted in dignity and equality.
The SAHRC’s prayers in the Equality Court proceedings will include a public apology, diversity and sensitivity training, community service, and a monetary fine, though these remedies are not limited. Complainants seeking additional recourse can file a crimen injuria case with the South African Police Service, highlighting the seriousness of Baloyi’s alleged offenses.
Public Reaction and Social Media Storm
Baloyi’s comments have triggered a firestorm on social media, with hashtags like #NotaBaloyi and #SAHRC trending on X. South Africans have expressed a mix of outrage, support, and calls for accountability. Olympic swimmer Roland Schoeman tweeted, “This is straight-up racial supremacy dressed up as ‘truth.’ If the roles were reversed, there would be mass outrage.” Entertainment journalist Phil Mphela added, “Does Nota want to ruin his life? It’s like he thrives on controversy and destruction.”
However, some X users have defended Baloyi, arguing the SAHRC is inconsistent in addressing hate speech. One post read, “We stand with Nota. The SAHRC ignores issues like Errol Musk’s comments and the Zanzou controversy but jumps on Nota. Hypocrisy much?” This sentiment reflects broader debates about selective enforcement and the thin line between freedom of speech and hate speech in South Africa.
The controversy has also drawn international attention, with posts on X amplifying the story globally. Trending topics on X, such as discussions around racial dynamics and human rights, have further fueled the conversation, positioning Baloyi’s case as a litmus test for South Africa’s commitment to equality.
Scientific Perspective Debunks Baloyi’s Claims
Baloyi’s references to “Neanderthal blood” and claims of white inferiority lack scientific grounding. Modern genetic research, as highlighted in a 2014 study published in Nature, shows Neanderthals went extinct between 41,000 and 39,000 years ago, but their DNA persists in small amounts in modern humans. A study in the National Library of Medicine notes, “We find that Neanderthals contributed more DNA to modern East Asians than to modern Europeans. Furthermore, we find that the Maasai of East Africa have a small but significant fraction of Neanderthal DNA.”
This evidence debunks Baloyi’s assertions, showing that all humans—regardless of race—are Homo sapiens, with shared ancestry and minor genetic variations from Neanderthals. Historical myths portraying Neanderthals as unintelligent have been disproven, with contemporary research revealing their complex societies and cognitive abilities. Baloyi’s claims, therefore, are not only inflammatory but also scientifically inaccurate, raising questions about the responsibility of public figures to verify facts before making such statements.
Nota Baloyi’s History of Controversy
Nhlamulo ‘Nota’ Baloyi is no stranger to controversy, making this latest incident part of a troubling pattern. In November 2024, he was sentenced to 60 days in prison for contempt of court after defying orders related to defamatory statements against rapper K.O. He was released early and has since expressed hope for eased parole conditions. Baloyi also faced a rape accusation from actress Itumeleng Bokaba, which was withdrawn in February 2025, allowing him to focus on his career.
His history of legal battles and polarizing statements has cemented his reputation as a divisive figure in South African entertainment. Critics argue his latest remarks are part of a broader trend of seeking attention through shock value, while supporters see him as a provocateur challenging societal norms. This duality has fueled intense debate, with some X users questioning whether the SAHRC is unfairly targeting Baloyi or rightfully holding him accountable.
Legal Implications and South Africa’s Hate Speech Laws
South Africa’s legal framework, particularly the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000, defines hate speech as any communication that could reasonably be construed to incite harm or propagate hatred based on race, ethnicity, gender, or religion. The SAHRC’s decision to take Baloyi to the Equality Court aligns with its mandate to combat such offenses, as seen in previous cases against figures like Julius Malema and Renaldo Gouws.
If found guilty, Baloyi could face a range of penalties, including fines, public apologies, community service, or sensitivity training. The case also serves as a precedent for how South Africa addresses hate speech in the digital age, especially on platforms like podcasts and social media, which have become battlegrounds for free speech debates.
The SAHRC’s recent actions, such as its investigations into FlySafair passenger Nobuntu Mkhize and former DA MP Renaldo Gouws, demonstrate a consistent approach to tackling hate speech. However, critics on X argue there may be inconsistencies, pointing to perceived inaction on other high-profile cases. This has led to calls for greater transparency and uniformity in the Commission’s enforcement.
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