K-WORD: Private conversation is no shield for racist language such as the k-word, SCA rules
The Supreme Court of Appeal has made an important ruling on racist language used in private, finding that even conversations between white people can amount to hate speech. As such, it upheld a R500,000 order against a businessman over his repeated use of the k-word.
The Supreme Court of Appeal (SCA) has ruled that private conversations cannot be used as a shield for racist language, including the usage of the k-word. The court upheld a R500,000 order against businessman Willem Hendrik Ackerman for repeated use of the offensive term in conversations with other white individuals. The SCA dismissed Ackerman's appeal, who was found to have used the k-word in three communications between January 2018 and October 2021, causing harassment to the recipients.
The court emphasized that the racist and derogatory nature of the k-word is inescapable, and the circumstances of a conversation cannot alter its inherently hateful character. The ruling sets a precedent for holding individuals accountable for using racist language, even in private settings.
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