DA lays charge of racism against disruptive FlySafair passenger Nobuntu Mkhize

The Democratic Alliance (DA) has opened a criminal case against Nobuntu Mkhize at the Bishop Lavis Police Station in Cape Town, accusing her of racial abuse targeting the coloured community during an outburst on a FlySafair flight. 

A video of 43-year-old Mkhize went viral after she was filmed making allegedly racist remarks directed at a flight attendant and displaying disruptive behaviour on a FlySafair flight from Durban to Cape Town on Thursday, 26 December. The footage, captured by fellow passengers, shows Mkhize becoming aggressive after demanding a drink, shoving a flight attendant, throwing a beverage at another crew member and resisting restraint, all while hurling insults. The incident has sparked widespread attention across the country.

DA Western Cape leader Tertuis Simmers said that it was evident from the video clip that Mkhize was infringing on the dignity of the flight attendants.

On the video, Mkhize was heard saying: “You’re a coloured from Mitchells Plain, all these gold rings but no degree. Right now when we land, I’m going to take an Uber home. You don’t even have a [driving] licence. You don’t even have a car.”

DA spokesperson Matthew Sims said the DA laid a charge of crimen injuria against Mkhize and that this sort of discrimination had no place in a democratic society. 

Patriotic Alliance

Kenny Kunene, the deputy president of the Patriotic Alliance, has filed an official complaint with the South African Human Rights Commission against Mkhize.

In the letter to the commission, dated 29 December, Kunene said the commission should investigate Mkhize’s utterances, which included: “You’re a coloured from Mitchells Plain, all these gold rings but no degree. Right now, when we land, I’m going to take an Uber home. You don’t even have a [driver’s] licence. You don’t even have a car.

“Furthermore, she is reported to have referred to herself as an ‘ANC b*tch’ and made other disparaging remarks, such as: ‘Black people in this country have a problem of shutting up’.”

Kunene said these statements perpetuated harmful racial stereotypes, violated the Promotion of Equality and Prevention of Unfair Discrimination Act, and undermined the constitutional rights to equality and dignity protected under sections 9 and 10 of the Constitution.

Aviation authority stresses zero-tolerance for assault on crew

The South African Civil Aviation Authority (SACAA) said on Monday that as the national civil aviation safety and security regulator, it had received a full report from the airline regarding the incident. 

SACAA director of civil aviation, Poppy Khoza, unequivocally condemned the incident and emphasised the regulator’s zero-tolerance stance against passengers who assault, threaten, intimidate or interfere with airline cabin crew.

Khoza said the SACAA appreciated the cooperation of passengers during the incident, and also commended the efforts of the cabin crew who worked to de-escalate the situation and ensure the safety of passengers. 

“It must be noted that cabin crew members are licensed as safety officers under the Civil Aviation Regulations. Their primary duty therefore is to ensure safety protocols are always maintained, as well as the comfort of passengers. The incident aboard the aircraft was unfortunate and distasteful as it sought to undermine the safety of passengers and crew,” Khoza said.

“Unruly behaviour, nuisance, disorderly or indecent act on board any aircraft endangers the safety of both the aircraft and its occupants, and this cannot be tolerated. We want to discourage any act that undermines safety of crew and passengers and call on all passengers travelling on any flight to observe and obey the instructions of the crew. South Africa carries a sterling record in air safety and this is the record that cannot be undermined by any individual.”

FlySafair bans passenger 

Daily Maverick attempted to reach Mkhize via telephone and SMS numerous times, but she had not responded by the time of publication.

However, she told News24 that she was not intoxicated during the flight. She also claimed that she had been discriminated against and intended to sue both the airline and the police.

Kirby Gordon, chief marketing officer at FlySafair, told Daily Maverick that the airline will add the passenger’s name to its no-fly list and she will not be permitted to board future FlySafair flights. The airline strongly condemned her actions, emphasising that flight attendants serve as safety officers and that interfering with their duties is considered a criminal offense.

FlySafair’s General Terms and Conditions of Booking and Carriage provide the airline with significant discretion in managing passenger behaviour and imposing penalties if a passenger’s actions endanger the safety of the aircraft, its crew or other passengers. According to Clause 6.1 and Clause 6.2.2, the airline can intervene if a passenger engages in behaviour that is deemed inappropriate, disruptive or unsafe. 

For instance, if a passenger’s actions are seen as endangering the aircraft, crew or other passengers, FlySafair has the right to intervene, potentially including physically restraining the passenger to prevent further disruption. Additionally, if a passenger’s behaviour obstructs or hinders the crew’s ability to perform their duties – such as refusing to comply with instructions or being verbally abusive – FlySafair can take necessary measures, including restraint. If a passenger engages in disruptive behaviour or verbal abuse, including using threatening, abusive or insulting language towards the crew or passengers, or causing discomfort, inconvenience or injury to others, the airline may opt to disembark the passenger or even pursue legal prosecution. 

Lastly, the airline reserves the right to take action if any regulations are violated, such as those related to smoking, alcohol consumption or the use of mobile phones, especially if these actions disrupt the flight or compromise safety.

SABC expresses concern

Mkhize has since been identified as brand manager of the South African Broadcasting Corporation (SABC).

The SABC expressed concern over the videos circulating on social media, stating that it regrets the incident. The public broadcaster emphasised its commitment to upholding its values of respect and integrity in all staff interactions. The broadcaster said it would address the matter through the appropriate internal channels in line with its procedures.

On Monday, 30 December, SABC spokesperson Mmoni Seapolelo told Daily Maverick that while the broadcaster acknowledges the public’s interest in the issue, it is important to respect the employment relationship governed by labour law. 

“As a result, specific details regarding this matter cannot be disclosed publicly. The SABC would like to reiterate its commitment to handling this matter with the sensitivity and seriousness it deserves,” she said. 

In the videos, Mkhize is also heard saying that she was an “ANC bitch”.

ANC spokesperson Mahlengi Bhengu-Motsiri said the party noted the woman’s behaviour with “disgust and disdain”, and that the party has initiated an investigation to determine her membership.

“The matter of Nobuntu Mkhize is currently being processed. Any ANC member is bound by the constitution including matters of discipline,” Bhengu-Motsiri said on Monday. 

The ANC constitution contains several provisions that could potentially apply to Mkhize’s behaviour on the FlySafair flight. Under Rule 25.17.5, the ANC could find that her conduct brought the party into disrepute, especially given the viral nature of the incident and the public nature of her outbursts. Rule 25.17.4 could also be relevant, as it addresses unethical or immoral conduct, particularly if her behaviour or language is seen as violating the ANC’s core values. 

Rule 25.17.6 on racial discrimination could be applied because of her reportedly making racial remarks directed at the flight attendants during the altercation. Rule 25.17.16, which addresses disorderly or unruly behaviour, could also apply if her actions on the flight – such as throwing a can at a crew member – are viewed as disruptive or harmful to the ANC’s reputation. Finally, Rule 25.17.12 on undermining ANC structures could be invoked if her behaviour is seen as undermining the party’s unity or public image. 

Potential for more charges 

Police have confirmed that Mkhize was arrested and charged in terms of the Civil Aviation Act No 13 of 2009 for disruptive and riotous behaviour on board an aircraft in service. Mkhize’s case was temporarily withdrawn pending further investigation and the potential addition of charges for assault and crimen injuria. 

In terms of Section 135 of the Civil Aviation Act, unruly behaviour is a punishable offence that can lead to a sentence of up to six months in prison. Disobeying and interfering with orders from the cabin crew is in violation of civil aviation laws and carries a fine and jail sentence.

South African Police Service spokesperson Brigadier Athlenda Mathe also clarified that disruptive behaviour on flights is governed by Annexure 17 of the International Civil Aviation Convention, which sets global standards and recommended practices. These guidelines were incorporated into national law through the Civil Aviation Act No 13 of 2009. She emphasised that such behaviour undermines the safety of both the aircraft and its passengers.

At the time of publication, Mathe had not replied to queries about when the case would be placed back on the court roll. DM