The Western Cape High Court has interdicted and restrained members of the Palestine Solidarity Campaign (PSC) from linking Cape Union Mart, its brands and its chairperson to the Israeli regime and the genocide in Gaza.
The judgment was handed down electronically on Friday.
This comes after the PSC held protests outside and near Cape Union Mart stores across the country for almost two years.
The retailer has been accused by the PSC on numerous occasions of “supporting genocide”, in reference to what the group describes as the ongoing genocide in Gaza, involving the continued killing of Palestinians by Israel.
The court case
In court papers, Cape Union Mart is cited as the first applicant, and the second applicant is owner and executive chairman Philip Krawitz.
The respondents are five activists from the Palestine Solidarity Campaign: Magmuda Ockards, Muhammad Shafiq Gamiet, Mohamed Zaid Jeenah, Sherazaad Rahima Sylvester, and Sayed Ridhwaan Mohamed.
The sixth respondent is unidentified protesters, and the seventh respondent is the PSC.
In its application, Cape Union Mart asked the court to interdict/restrain the PSC from harassing and intimidating customers and staff.
One of the respondents, Mohamed, is also an executive member of the Cape Town Ulama Board (CTUB).
The judgment
Judge J Cloete said the respondents failed to establish a factual basis for their allegations and relied heavily on hearsay evidence.
The order does not prohibit any protests; however, demonstrators cannot carry or display posters and signs or shout slogans linking Cape Union Mart or its owner, Phillip Krawitz, to Israel, genocide or the killing of children.
Palestine Solidarity Campaign
Responding to the judgment, the PSC said it noted the order did not restrain pro-Palestinian activists and supporters from continuing the Boycott, Divestment and Sanctions (BDS) campaign against Krawitz, Cape Union Mart and its subsidiary stores – Old Khaki, Poetry and Keedo. The BDS campaign constitutes legitimate political expression and remains constitutionally protected, it said.
PSC said it and the BDS campaign are aimed at the demise of Zionism and ending Zionist complicity in the genocide in occupied Palestine. It seeks to sever South Africans’ business dealings with Israel and strives to restore the historic right of Palestinians to their land and freedom, which they have been denied for eight decades.
“We are disappointed that the South African government and State, despite its case against Israel’s genocide at the International Court of Justice (ICJ), has not prohibited South Africans from promoting the hateful racist ideology of Zionism and support for its realisation of completely eradicating the native Palestinians from their historic land,” the PSC said.
The organisation said it was studying the judgment and would consider whether to appeal.
Cape Town Ulama Board
The Cape Town Ulama Board said it needed to clarify its position on the moral and constitutional issues at stake.
“The moral outrage driving public demonstrations across Cape Town and the wider South Africa is rooted in the documented catastrophe and extreme loss of civilian life in Gaza. The Ulama Board reaffirms that raising one’s voice against international injustice, occupation, and war is a sacred duty of conscience and faith,” it said.
It said it stands beside the PSC and its member, Mohamed, and every other activist cited in the court papers.
“Their actions on the ground were motivated by deep humanitarian distress and civic conscience, not malice. We commend their steadfast dedication to keeping the plight of the Palestinian people before the public consciousness. The Ulama Board views with grave concern the increasing tendency of well-resourced corporate entities to use the courts to silence grassroots activism, peaceful assembly, and consumer boycotts,” it said.
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