Cape Union Mart hauls pro-Palestine activists to court
The retailer said it has never donated any funds to the army of Israel.
Image: Supplied
THE Palestine Solidarity Campaign (PSC) has described Cape Union Mart's court application against it as an attempt to gag activists engaged in peaceful protest
The international retailer has turned to the Western Cape High Court for an interdict restraining PSC from labelling them as supporting genocide, saying ongoing protests and boycott campaign at its stores have led to financial losses and reputational damage.
The application filed last week urges the five activists from the Palestine Solidarity Campaign to stop making claims that the retailer and its associated brands "fund genocide, killing children, or are complicit in the killing of children."
A previous procession of more than 40 motor vehicles that held a motorcade demonstration, drove through Beach Road in Sea Point, with passengers waving Palestinian flags and shouting 'free free Palestine'.
Image: Armand Hough / Independent Newspapers
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Respondents include 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 response to IOL's inquiry, Cape Union Mart's legal advisor, Simone Sulcas said said the application was brought as a last resort after previous efforts to communicate the correct facts to protesters failed.
'This follows ongoing protest action that has been underway since November 2023, which falsely claims that Cape Union Mart is 'funding genocide', the Israeli army, the conflict in Gaza, and even advancing claims of complicity in the killing of children.'
'Cape Union Mart, together with its Executive Chairman, Philip Krawitz, categorically state that they have never donated funds to the Israeli army or Israeli government. More specifically, Cape Union Mart has never donated funds to any entities outside of South Africa, and its Executive Chairman has only donated funds for humanitarian purposes,' Sulcas said.
Protesters calling for an end to genocide in Gaza.
Image: File
She said her client does not seek an order preventing the protestors from expressing themselves.
'Cape Union Mart fully respects and upholds the rule of law that governs all South Africans, which includes freedom of expression and the right to protest. However, this must be done without the continued spreading of defamatory falsehoods and with due regard to the rights of Cape Union Mart's customers and the general public not to be harassed. A hearing date is yet to be set,' Sulcas said.
PSC member Usuf Chikte said the court action was an attempt was intended to intimidate and silence the campaign for justice, peace, freedom, and equality for Palestinians and represents a textbook SLAPP suit (a Strategic Lawsuit Against Public Participation) designed to suppress critical, peaceful voices through legal intimidation.
'PSC and other parties will be meeting urgently to discuss their response and pass a formal resolution on whether to defend against the application, which it views as a direct threat to constitutional rights, including our freedom of expression and freedom of association.
"This case arises amid increased public scrutiny of corporations and Cape Union Mart's silence and alleged complicity in the ongoing genocide in Gaza and follows growing calls by human rights organisations for corporate accountability and economic boycott of companies seen to be enabling Israeli apartheid,' Chikte said.
The Muslim Judicial Council (MJC) said it supported the constitutional and internationally recognised right to a peaceful protest.
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The retailer said it has never donated any funds to the army of Israel. Image: Supplied THE Palestine Solidarity Campaign (PSC) has described Cape Union Mart's court application against it as an attempt to gag activists engaged in peaceful protest The international retailer has turned to the Western Cape High Court for an interdict restraining PSC from labelling them as supporting genocide, saying ongoing protests and boycott campaign at its stores have led to financial losses and reputational damage. The application filed last week urges the five activists from the Palestine Solidarity Campaign to stop making claims that the retailer and its associated brands "fund genocide, killing children, or are complicit in the killing of children." A previous procession of more than 40 motor vehicles that held a motorcade demonstration, drove through Beach Road in Sea Point, with passengers waving Palestinian flags and shouting 'free free Palestine'. Image: Armand Hough / Independent Newspapers Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Respondents include 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 response to IOL's inquiry, Cape Union Mart's legal advisor, Simone Sulcas said said the application was brought as a last resort after previous efforts to communicate the correct facts to protesters failed. 'This follows ongoing protest action that has been underway since November 2023, which falsely claims that Cape Union Mart is 'funding genocide', the Israeli army, the conflict in Gaza, and even advancing claims of complicity in the killing of children.' 'Cape Union Mart, together with its Executive Chairman, Philip Krawitz, categorically state that they have never donated funds to the Israeli army or Israeli government. More specifically, Cape Union Mart has never donated funds to any entities outside of South Africa, and its Executive Chairman has only donated funds for humanitarian purposes,' Sulcas said. Protesters calling for an end to genocide in Gaza. Image: File She said her client does not seek an order preventing the protestors from expressing themselves. 'Cape Union Mart fully respects and upholds the rule of law that governs all South Africans, which includes freedom of expression and the right to protest. However, this must be done without the continued spreading of defamatory falsehoods and with due regard to the rights of Cape Union Mart's customers and the general public not to be harassed. A hearing date is yet to be set,' Sulcas said. PSC member Usuf Chikte said the court action was an attempt was intended to intimidate and silence the campaign for justice, peace, freedom, and equality for Palestinians and represents a textbook SLAPP suit (a Strategic Lawsuit Against Public Participation) designed to suppress critical, peaceful voices through legal intimidation. 'PSC and other parties will be meeting urgently to discuss their response and pass a formal resolution on whether to defend against the application, which it views as a direct threat to constitutional rights, including our freedom of expression and freedom of association. "This case arises amid increased public scrutiny of corporations and Cape Union Mart's silence and alleged complicity in the ongoing genocide in Gaza and follows growing calls by human rights organisations for corporate accountability and economic boycott of companies seen to be enabling Israeli apartheid,' Chikte said. The Muslim Judicial Council (MJC) said it supported the constitutional and internationally recognised right to a peaceful protest.
