The Palestinian Solidarity Campaign (PSC) and four individuals have applied for leave to appeal a Western Cape High Court order that imposed restrictions on statements and protest conduct involving Cape Union Mart. The order restrains PSC members from linking Cape Union Mart, its brands, and its chairperson to the Israeli regime and the genocide in Gaza. The applicants in the original proceedings are Cape Union Mart International (Pty) Ltd and its executive chairperson, Philip Joseph Krawitz.
The activists argue that the restrictions imposed by the high court are too broad and unjustifiably limit freedom of expression and protest. They contend that the court did not identify a sufficient right or injury to justify such a broad restriction. The group also argues that Krawitz's positions as Cape Union Mart's executive chairperson and chair of Keren Hayesod's South African campaign provide a basis for public discussion about his leadership roles and the rationale behind the boycott campaign.
One of the central complaints concerns a paragraph which the activists say prohibits claims that Cape Union Mart or its brands are associated with Israel “in any way”, including statements which may be true and non-defamatory. The activists challenge restrictions on statements alleging that the applicants fund a conflict, as well as restrictions concerning allegations of “complicity” or “support”. According to the application, those provisions could cover substantially different future statements regardless of their factual context.
The activists also challenge the attribution of protest material, arguing that the court imposed the restraints on all the members without sufficiently establishing which respondent had published, authorised or adopted each of the statements and posters complained about. The activists acknowledge that the PSC and some individuals admitted responsibility for particular publications, but argue that those admissions did not establish that every person was responsible for every publication at the protests.
Cape Union Mart has defended the court's ruling, saying it, together with its chairman Philip Krawitz, had approached the court over specific conduct which the court found warranted relief. The company described the conduct at issue as including the alleged harassment and intimidation of customers and employees, alleged breaches of the Regulation of Gatherings Act, as well as claims linking the company and Krawitz to the conflict in Gaza and Israel’s military actions.
The company said it has a longstanding corporate social investment policy and donates money to several causes in South Africa but has never donated funds to any entity outside the country. Cape Union Mart trusted that the activists would comply with the High Court judgment as the legal process continued. The Centre for Applied Legal Studies is cited as a friend of the court in the application.
The Western Cape High Court had granted a final interdict restricting PSC activists from linking Cape Union Mart and chairperson Philip Krawitz to Israel, genocide or the killing of babies. The court's decision was made after finding that the conduct of the PSC and its members warranted relief. The activists' application for leave to appeal will be considered by the High Court in Cape Town.
Key points
- The Palestinian Solidarity Campaign and four individuals are challenging a Western Cape High Court order that restricts statements and protest conduct involving Cape Union Mart.
- The activists argue that the restrictions imposed by the high court are too broad and unjustifiably limit freedom of expression and protest.
- Cape Union Mart has defended the court's ruling, saying it was necessary to address specific conduct that warranted relief.
