A judgment by the Western Cape High Court has affirmed that the constitutional right to protest does not extend to defamatory, intimidating or unlawful conduct, following a legal challenge brought by Cape Union Mart against the Palestine Solidarity Campaign (PSC) and its supporters.
The judgment, handed down on 4 September, orders protesters to stop making defamatory statements about Cape Union Mart, its brands and Philip Krawitz, the company’s executive chairperson. For almost three years, the PSC and its supporters have staged protests outside Cape Union Mart stores and made allegations concerning the company’s relationship with Israel and its alleged complicity in the war in Gaza.
The case has attracted particular attention within the Jewish community because of the intersection between political protest, Israel-related activism and the targeting of a Jewish-owned business and its leadership.
Krawitz said the company had gone to court because it believed it was necessary to defend its constitutional rights and those of its employees. While acknowledging that the right to protest is a fundamental democratic right, he said that protests must remain within the law and be based on fact.
The judgment, he said, vindicated the family business’s decision to seek legal recourse rather than respond to the protests outside the legal framework.
The Cape South African Jewish Board of Deputies (Cape SAJBD) has welcomed the judgment, describing it as an important affirmation that political disagreement cannot justify harassment, intimidation or conduct that unfairly targets individuals or businesses.
The Board said the ruling was particularly significant in the context of Jewish individuals and businesses being targeted because of their identity, religion or beliefs. Constitutional rights to equality, dignity, freedom of religion and security, it stressed, apply to all South Africans.
The case also highlights the distinction between legitimate political protest and conduct that crosses legal boundaries. The court’s order does not remove the right to protest, but places limits on how that right may be exercised.
The judgment comes amid continuing protests at some Cape Union Mart stores and in shopping centres where the company’s outlets are located. Krawitz said the company would engage with landlords and shopping centres regarding the implications of the judgment.
He also paid tribute to Cape Union Mart employees for their handling of the protests, noting that the workforce includes people from a range of religious and cultural backgrounds.
For the Jewish community, the case has broader significance beyond the individual parties involved. It provides an example of the legal avenues available when political activism moves into allegations or conduct that a person or organisation believes is unlawful.
Daniel Bloch, Executive Director of the Cape SAJBD, said the PSC is entitled to seek leave to appeal, as any litigant is. If it does so, he said, Cape Union Mart will continue to defend the matter through the legal process.
“A court order is not optional,” Bloch said. Anyone who knowingly breaches the interdict risks being held in contempt of court, with sanctions potentially including fines and, in serious cases, imprisonment. “Our hope, however, is that the judgment will be respected and that no further enforcement action will be necessary.”
Bloch said the judgment was also a reminder of the role of the judiciary in South Africa. “South Africa’s courts are not swayed by political pressure, public noise or popular sentiment. They decide cases on evidence and law. That is exactly what happened here.”
He encouraged members of the Jewish community who face intimidation or defamatory allegations because of their Jewishness or Zionism not to assume that they must simply accept unlawful conduct.
“We encourage people to document what is happening, including keeping screenshots, messages and other evidence, and to approach the Cape SAJBD for advice,” Bloch said. The Board can explain available avenues of recourse, including through workplaces or other relevant bodies, and advise when legal advice may be appropriate.
“This is one of the reasons the Board exists: to protect the rights, dignity and interests of our community and help people navigate situations where those rights are undermined or at risk.”
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