Supreme Court of Appeal upholds ruling against businessman's frequent K-word use
The Supreme Court ruling affirms South Africa’s commitment to the elimination of hate speech in the form of the K-word. The result is a sobering reminder of the continuing need to confront racism and build understanding among its citizens.
A businessman, Willem Hendrik Ackerman, faced a ruling from the Supreme Court of Appeal (SCA) for repeated use of racial slurs in correspondence. The SCA upheld the Equality Court's decision that Ackerman's use of the K-word constituted hate speech under the Promotion of Equality and Prevention of Unfair Discrimination Act. Ackerman was ordered to compensate the Ahmed Kathrada Foundation with R500,000, issue a public apology, complete 50 hours of racial sensitivity training, and cover the legal costs of Emmanuel Amaning and Garth Wellman.
The case involved several racially charged statements made by Ackerman between January 2018 and October 2021, including derogatory remarks towards a Jewish business associate and threats against black individuals. Despite arguments from Ackerman regarding the authentication of WhatsApp messages and the context of private conversations, the SCA rejected these claims, stating that privacy is not absolute and that racial slurs are inherently racist and capable of promoting hatred.
Ackerman's conduct was deemed to be unwarranted, persistent, and serious harassment. The SCA affirmed the original remedies imposed by the Equality Court, rejecting Ackerman's appeal with costs.
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