Pro-Palestine activists lose Cape Union Mart case
High Court stops Palestinian Solidarity Campaign members from calling Cape Union Mart complicit in genocide
A Western Cape High Court order has restricted pro-Palestinian protesters from making certain claims at Cape Union Mart stores. The court barred demonstrators from alleging that the retailer or its brands are linked to the State of Israel, funding a "genocide" in Gaza, or supporting the killing of children. Judge Judith Cloete ruled that the protests had persisted for 19 months despite an interim order in August.
Cape Union Mart International and its CEO Philip Krawitz had sought legal relief against the protesters and the Palestinian Solidarity Campaign for allegedly making defamatory statements. The court emphasized that while citizens can criticize Israel, the focus was on preventing defamatory conduct. Krawitz's connections to Israel were attributed to his Jewish faith, not governmental ties.
The judge noted the PSC had admitted to some conduct but argued granting the relief would be a "prior restraint" on free speech. The court also cited the dangers of relying on unverified internet information.
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