The Supreme Court of Appeal (SCA) has dismissed an appeal by businessman Willem Hendrik Ackerman against a finding that his racist communications constituted hate speech. Ackerman was found to have used the k-word on three occasions between January 2018 and October 2021. The SCA upheld orders requiring Ackerman to pay R500,000 to the Ahmed Kathrada Foundation, issue a public apology, and undergo 50 hours of racial sensitisation training.
The case originated from a complaint by Emmanuel Amaning, Garth Wellman, and Nicholas Liebmann, former business associates of Ackerman. Liebmann later withdrew his complaint. The Equality Court found that Ackerman had used the k-word during a meeting with Wellman in January 2018, in a WhatsApp message in August 2019, and during a discussion about a National Union of Metalworkers of South Africa strike in October 2021.
Ackerman denied making the statements and challenged the evidence relating to the WhatsApp communication. He argued that the communications were private and protected by his constitutional rights to privacy and freedom of expression. However, the SCA rejected this argument, stating that hate speech was not protected by the constitutional right to freedom of expression.
The SCA found that the communications amounted to hate speech against black people, including Amaning. The court also rejected Ackerman's argument that the fact that the communications were made privately meant they could not constitute hate speech. The court ruled that the communications fell within the scope of the Promotion of Equality and Prevention of Unfair Discrimination Act.
The SCA upheld the finding that Wellman had been subjected to harassment, stating that the communications were unwanted, persistent, and serious, creating a hostile environment between the former business associates. The court also upheld the remedies imposed by the Equality Court, including the R500,000 payment to the Ahmed Kathrada Foundation and the 50 hours of racial sensitisation training.
Ackerman challenged the R500,000 payment, the public apology, and the racial sensitisation training. However, the SCA found no basis to interfere with the remedies imposed by the Equality Court. The court found that the Equality Court had been entitled to order the payment to an appropriate organisation and that the racial sensitisation training was a special measure to address the unfair discrimination and hate speech.
The SCA dismissed the appeal with costs, including the costs of two counsel. The court's decision reinforces the importance of addressing hate speech and promoting equality in South Africa. The ruling sets a precedent for future cases involving hate speech and harassment.
Key points
- The SCA upheld a R500,000 order against businessman Willem Hendrik Ackerman for using racist language.
- The court found that Ackerman's communications constituted hate speech against black people, including his former business associate Emmanuel Amaning.
- The SCA dismissed the appeal with costs, reinforcing the importance of addressing hate speech and promoting equality in South Africa.
