Hearing outcome

Hearing Outcome

Dear Mr Van Heerden         9 November 2016

In regards to your hearing the following outcome has been reached.
The evidence presented by MMA SA was never refuted. Mr van Heerden never denied that he made the offending Face Book post. The argument in essence was centred around the intent of the posts and if the post could be construed as racist. Mr Van Heerden did offer counter Arguments pointing to previous posts that has been made in combat sports, that was not perceived as Racist. Mr van Heerden also pointed to the sponsor of Mr Moyo who had a Gorilla as part of his Branding.
The political history of South Africa has to be considered, and also more recent cases of social media posts where references were made to primates and comparing them to people. This cannot be ignored. The intent of the posts is not as important as the perception that the post created. The Back Lash that followed the post, and subsequently reposting of the post, certainly indicated that it was perceived as Racist.
Taking all of the above into account, we have come to the conclusion that Mr Van Heerden is guilty of the charge of racism. On the lesser charge of verbal abuse we find Mr Van Heerden Not Guilty as in the environment of “smack talk” in combat sport the boundaries can be blurred and thus will be granted a charge of not guilty on the other charges. Racism is unfortunately a line that cannot be crossed.
We request that you submit your mitigation in writing within 48 hours your receipt of this letter.