Cape Board takes hateful comedian to court

“Jewish people murder, rape, and eat children,” claims aspiring South African comedian Thomas Torr in a recent YouTube video. He is one of four Capetonians that the Cape South African Jewish Board of Deputies (Cape SAJBD) is taking to the Equality Court, and his case will be heard on 23 April.

The others are chef Mariam Jakoet-Harris; self-described politician Mehmet Vefa Dag; and Cape resident Allie Chafekar, who stated, “Viva Hitler viva! I pray that Hitler returns to take away what he left behind,” outside the community’s Yom Ha’atzmaut celebration in 2023.

Torr’s antisemitic ideas are so depraved, he has been banned from TikTok. In a range of YouTube and now deleted TikTok videos, he rants that Jews are cannibals, paedophiles, and subhuman.

Advocate Mark Oppenheimer, who has appeared in the Supreme Court of Appeal and the Constitutional Court in a series of cases that seek to determine the boundary between freedom of expression and genuine hate speech, says Torr’s “vicious antisemitic rhetoric unquestionably constitutes hate speech. Such statements actively incite harm and propagate dangerous hatred against the Jewish community.”

As the case is sub judice, Cape SAJBD Executive Director Daniel Bloch couldn’t comment extensively, but says, “Antisemitism is on the rise globally, and South Africa is no exception. Most incidents occur online. We take these posts seriously, and will continue to monitor, remain vigilant, and take action against any individual or organisation that incites violence, promotes hate speech, or threatens the safety of our community.”

Bloch says that if the individuals taken to the Equality Court are found guilty, “they will be ordered to tender an unconditional apology to the South African Jewish community; cover our substantial legal costs; and make a meaningful donation to the Holocaust & Genocide Centre. Should they refuse, they could face arrest.”

Though legal action may not change personal views, “it will deter people from publicly harassing Jewish people”, says Bloch. “These cases will set an important legal precedent and serve as a clear warning to anyone who believes they can post antisemitic content without consequences. Once the four Equality Court cases are concluded, we intend to pursue further legal action against other individuals and groups promoting hate speech.”

Says Oppenheimer, “The SAJBD’s proposed process ensures accountability through a fair trial, where evidence is carefully considered. Its requested relief – a payment of R50 000 to the Holocaust & Genocide Centre and a public apology – is a measured and lenient response given the extremity of these hateful utterances. It remains crucial that society unequivocally condemns antisemitism.”

Says Bloch, “We strongly advise against searching for this kind of content online as engaging with it only boosts its visibility through social media algorithms.” However, if you come across content inciting violence against the Jewish community, report it to the Cape SAJBD Antisemitism WhatsApp line: +27 79 994 5573.

This segment of the original article is republished with permission from the Jewish Report. To read the full article, click here.

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