Failed promises: how SA's anti-racism laws fall short in 2026

When a FlySafair employee's racist remarks went viral recently, it exposed the persistent gap between SA’s ambitious anti-discrimination laws and their real-world implementation. Advocate Tseliso Thipanyane examines why, despite constitutional protections and specialised legislation, racism continues to thrive in society - and what urgent steps are needed to address these systemic failures

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A FORMER airline employee was captured on video telling a man to 'go back to India' and that Indians and the Taj Mahal 'smell like sh**'. Supplied

(Supplied)

AT THE start of 2026, South Africa was confronted with a painful reminder of persistent racism when a former FlySafair airline employee made derogatory remarks against the Indian community and the Taj Mahal.

The incident, widely circulated on social media, highlighted the enduring challenges of racial prejudice in society. Despite constitutional protections and anti-discrimination laws, racism continues to devastate communities more than 30 years into democracy.

The episode underscores the gap between legal frameworks and their effective implementation, showing that laws and institutions have not been as impactful as envisioned.

South Africa’s democratic order is founded on non-racialism, human dignity and equality. To safeguard these values, the Promotion of Equality and Prevention of Unfair Discrimination Act (Pepuda) was enacted in 2000 and operationalised in 2003.

Its provisions, among others, prohibit unfair discrimination, ban propaganda promoting racial superiority or inferiority, and provide for enforcement mechanisms such as Equality Courts and the South African Human Rights Commission (SAHRC).

In theory, the Pepuda together with the enforcement institutions should play an effective role in deterring racist conduct and unfair discrimination in all its forms. In practice, however, the FlySafair incident demonstrates that individuals can still act with blatant disregard for constitutional values, reflecting systemic weaknesses in the enforcement of the Pepuda.

The persistence of racism is attributed to poor and inadequate implementation of the Pepuda, and the underusage and the ineffectiveness of its associated enforcement bodies.