'SUPPORTING GENOCIDE'
Zelda Venter | Published 18 minutes ago
This week, the Western Cape High Court will hear an application from Cape Union Mart seeking an interdict against the Palestine Solidarity Campaign (PSC), which has accused the retailer of supporting genocide.
The matter comes after months of protests outside Cape Union Mart stores nationwide.
Since November 2023, the PSC and other groups have protested the stores, claiming the brand is associated with Israel. They have called for consumer boycotts as part of broader protests against Israel’s military operations in Gaza and the unlawful occupation of Palestine.
The protests form part of a global movement in support of Palestinian self-determination and calling for accountability for Israel’s violations of international law.
In response to the campaign, Cape Union Mart approached the court for an interdict against PSC and other protesters. The application calls the remarks about the company’s ties to Israel “defamatory” and further seeks to prohibit protesters from “inciting hatred” and wearing face coverings. They cited financial losses and reputational damage and sought to restrain activists from picketing outside its stores.
Cape Union Mart and Philip Krawitz, the company’s chairperson, made it clear in their application that organisations are free to criticise Israel, but they are asking for an interdict against statements that they (the applicants) are funding a genocide and are “complicit in the killing of children”.
Cape Union Mart emphasises in its application that it does not seek an order preventing the protesters from expressing themselves. However, this must be done without the continued spreading of “defamatory falsehoods” and with due regard to the rights of Cape Union Mart’s customers and the general public not to be harassed, it said.
The Centre for Applied Legal Studies (CALS) will meanwhile appear in the matter as a friend of the court. CALS aims to assist the court in drawing the distinction between hate speech and political speech, as well as engage on the limitations of the right to protest.
At the hearing for an interim interdict in August last year, Cape Union Mart and PSC reached a settlement agreement which was made an order of court. PSC maintains that it has not intimidated customers or prevented access to stores. It views the application as a direct threat to constitutional rights, including the freedom of expression and freedom of association.
The hearing for a final interdict will take place over three days this week before a full bench of the high court. CALS aims to assist the court in drawing the distinction between constitutionally protected political speech on the one hand and hate speech on the other.
The organisation will take into account the existing case law of the Constitutional Court, as well as international law and law in other jurisdictions. CALS said it will also engage the court on the limitations of the right to protest and the historical use of face coverings during demonstrations.
IOL earlier reported that Krawitz stated in his affidavit that the relentless boycott campaign has been for no apparent reason other than the company being founded and owned by Jewish people. He said he was continuously being defamed. He said Cape Union Mart has never made donations to any organisations outside Southern Africa.
He also told the court he was concerned that protesters were carrying placards stating "Krawitz Way K-Way Killer Way", and "Genocide Funder", with his and his wife’s picture. Krawitz stated he feared for his and his family’s safety and had to hire bodyguards and a bulletproof-protected vehicle.
THE POST
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