Proceedings in the Western Cape High Court involving outdoor retailer Cape Union Mart and pro-Palestine activists are set to resume on Wednesday, as the company seeks an interdict against statements linking it to alleged genocide in Gaza.
The matter is being heard before Judges Judith Cloete, Roy Barendse and Constance Nziweni over a three-day period.
Cape Union Mart has brought the application against the Palestine Solidarity Campaign (PSC) and several activists following a sustained campaign of demonstrations outside its stores over the past three years.
The retailer argues that protesters have made false and defamatory claims by alleging that the company and its founder, Philip Krawitz, are complicit in what activists describe as Israel’s occupation of Palestine and the genocide in Gaza. The company is seeking a court order preventing such statements from being made during protests and public campaigns.
The case follows years of pickets and demonstrations at Cape Union Mart outlets across the country, where activists have called on consumers to boycott the retailer. Protesters have alleged that Krawitz has financially supported causes linked to Israel, which they argue makes the company a legitimate target for boycott and protest actions.
However, the respondents oppose the application, arguing that granting the interdict would infringe on their constitutional rights to freedom of expression, freedom of association and the right to protest.
They contend that the court application seeks to restrict political speech and advocacy relating to the ongoing conflict in Gaza and broader issues concerning Palestine and Israel.
The case is expected to address the balance between protecting individuals and businesses from allegedly defamatory statements and safeguarding constitutionally protected rights to political expression and peaceful protest.
The outcome of the proceedings could have broader implications for activist campaigns, protest action and freedom of expression in South Africa.
Judgment has not yet been reserved, and proceedings are expected to continue in the Western Cape High Court on Wednesday.
