Ongoing Palestine Solidarity Campaign protests as Cape Union Mart seeks court interdict
Pictured in front right, is Palestine Solidarity Campaign coordinator Usuf Chikte, speaking to advocate Ismail Jamie, senior counsel (SC). With them are advocates Uday Naidoo and Naseerah Essa, junior counsel (JC).
Image: Fouzia Van Der Fort
Palestine Solidarity Campaign (PSC) activists protested outside the Western Cape High Court on Tuesday, August 5, where outdoor apparel retailer Cape Union Mart International and its executive chairman, Philip Joseph Krawitz, applied for an interdict against some of them.
The company and Mr Krawitz filed papers in June against seven respondents to restrain them from harassing and/or intimidating customers at stores.
Five of the respondents are activists, listed by name. The sixth respondent is listed as unidentified protesters at the Cape Union Mart premises.
The seventh respondent is the PSC, Cape Town,
The application said: "The respondents are interdicted and restrained from making any claim that the first applicant (Cape Union Mart) or one of its brands, including Poetry, Old Khaki, and K-Way, are associated with the State of Israel in any way."
Mr Krawitz, also seeks to restrain the activists from making claims that he is "funding genocide", the Israeli army, the conflict in Gaza, in any way, or that they are complicit in or killing children.
They also want to restrain the activists from publishing any defamatory statements against them.
Abdul Hardie Dollie, from Bo-kaap, holds up a picture of Michele Krawitz, Israeli president Benjamin Netanyahu and her husband Philip Krawitz, outside the Western Cape High Court on Tuesday August 5.
Image: Fouzia Van Der Fort
Mr Krawitz said that any protest action held on its premises should comply with the provisions of the Regulation of the Gatherings Act 205 of 1993, when there are more than 15 people, not inciting hatred on account of culture, race, sex, language, or religion.
The court document stated that they should not perform any act or say anything likely to cause or encourage violence against the applicants, and that they should not wear any disguise, mask, or other item that obscures their facial features and prevents identification.
In responding court documents, instructing attorney Ashraf Mahomed wrote that the application raised "important constitutional issues, pertaining inter alia, to the right to dignity (expressly relied upon by Mr Krawitz), and the right to freedom of expression, assembly, demonstration, picket and petition; and various civil and political rights".
It cited that Mr Krawitz is a "prominent Zionist", among other things, being the chairman of Keren HaYesod (KH) in South Africa, a member of KH's campaign committee, and a member of the Board of Governors of the Jewish Agency for Israel (JAFI).
"KH and JAFI are among Israel's four national institutions, falling under the World Zionist Organization (WZO). Although these organisations predate the formation of the State of Israel, they are recognised in Israeli law and, in the case of KH, formally established by an Israeli statute. They are each an apparatus of the Israeli state," read the response.
Outside of court, PSC coordinator Usuf Chikte said the court proceedings sought to restrict the protests by imposing conditions at stores.
"He wants to dictate how people can and should protest," he said.
"Krawitz seeks to block our constitutionally-protected right to call for the boycott of persons complicit in the atrocities being carried out in Gaza, where Israel is starving people to death," he said.
Instructing attorney Ashraf Mahomed speaks to Palestine Solidarity Campaign coordinator Usuf Chikte.
Image: Fouzia Van Der Fort
Mr Chikte said the "legal attack was a blatant act of Zionist lawfare".
He said that they would not be silenced by "billionaires who want to whitewash war crimes behind a veil of philanthropy".
No orders have been made. The matter will be heard early next year.