An Indian-origin businessman has created a controversy in Durban by allegedly putting up a racial advertisement, inviting criticism from South African Human Rights Commission which accused him of trying to be "above the law".

Tony Patel, who runs two clothing stores known as Apples, has been accused of being "insensitive and a racist" by allegedly displaying racial advertisements outside his stores.

The advertisements on posters read: "Wanted pretty black supervisor. No fatties"; "Wanted smart white sales ladies supervisors"; "Attractive Indian cashiers wanted."

The posters have made headlines in Durban and people telephoned radio stations complaining about "Indians showing no respect for them".

But the businessman, whose customers are mainly rich upper class blacks, rejected claims that he was a racist.

"How can I be a racist when I am employing people of all colours in my stores," he asked journalists, who thronged one of his stores near the Durban beachfront.

"I am just fed up with the laws that prohibit us from employing people of our choice. I am frustrated that we are dictated as to who we should employ and who we should not.

"I know of a number of businessmen who are fed up with the restrictive labour law but I am the only one who has guts to stand up and speak out," Patel said.