Mayor's remarks against Yeshelen Govender spark Human Rights Commission complaint by Visvin Reddy

uMkhonto we Sizwe (MK) MP Visvin Reddy has hauled eThekwini Mayor Cyril Xaba before the South African Human Rights Commission (SAHRC).

MK MP Visvin Reddy has lodged a complaint against eThekwini Mayor Cyril Xaba with the South African Human Rights Commission.

This follows a viral video showing Xaba in a heated altercation with a man at Durban's Sherwood Park, where thousands of foreign migrants have been camping while demanding repatriation.

In the video, the mayor is seen angrily telling the man: "I'm not speaking to you, I'm speaking to the Africans."

His spokesperson, Mlu Mtungwa, has defended the comments, saying the man was a foreign national and not South African.

Reddy has rejected this and it has since been confirmed that the man is prominent Durban-based human rights activist Yeshelen Govender, who is also the son of former ANC MEC and prominent party member Maggie Govender.

In his formal complaint to the SAHRC, seen by IOL, Reddy claimed Xaba's conduct and remarks constituted a serious violation of the Constitution on the following grounds:

• Section 9 (Right to Equality) and Section 10 (Human Dignity): By categorising a South African citizen of Indian descent as "not an African" and denying him the right to participate in a public civic engagement based on his race, the mayor engaged in unfair discrimination and a direct assault on his inherent human dignity.
• Denial of African identity: The mayor's remarks imply that South Africans of Indian descent are merely "visitors" or "guests" who lack a legitimate claim to an African identity. The South African Indian community is an integral and permanent part of the demographic, cultural, and political fabric of the continent. They are African by birth, heritage, and constitutional citizenship.

Reddy has called on the SAHRC to launch an investigation into the incident and is seeking several remedies, including:

• An order compelling Mayor Cyril Xaba to issue a full and unconditional public apology to Yeshelen Govender, the South African Indian community, and the broader South African public for his divisive rhetoric.
• An order, or recommended directive, compelling Mayor Cyril Xaba to pay a financial penalty of R30,000, to be split equally among the following humanitarian non-profit organisations.-  The Divine Life Society, Food for Life and Gift of the Givers. 
• Referral of the matter to the appropriate municipal and political structures for an evaluation of whether the mayor's conduct breached the code of conduct applicable to public office bearers.

Approached for comment, Mtungwa insisted the mayor had acted appropriately given Govender's conduct during the confrontation. He declined to comment further while the matter was under consideration.

Govender has also remained tight-lipped, saying only that he intended to meet with Xaba to discuss the incident 

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