Cape Union Mart vs Palestine Protesters: Courtroom Clash Ignites Over ‘Genocide Funder’ Claims

A retailer, a protest, and a constitutional showdown

South African outdoor retail giant Cape Union Mart has taken the Palestine Solidarity Campaign (PSC) to the Western Cape High Court in a bid to stop what it calls a “false and defamatory” protest campaign linking it to alleged war crimes in Gaza.

This comes after months of escalating protest action at Cape Union Mart stores across the country, where PSC demonstrators have accused the company of “supporting genocide” amid the ongoing conflict between Israel and Palestine.

In its court papers, the retailer is asking for an interdict to restrain protestors from harassing customers, intimidating staff, and making allegations that it funds genocide or the killing of children. A hearing date is yet to be confirmed.

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What sparked this legal fight?

Since November 2023, PSC members have staged regular protests outside Cape Union Mart branches, alleging the company has financial links to Israel’s military efforts in Gaza. Motorcades waving Palestinian flags have rolled through Sea Point. Placards bearing phrases like “Genocide Funder” and “K-Way Killer Way” have directly named Cape Union Mart’s executive chairman, Philip Krawitz.

But Cape Union Mart says it has had enough.

According to legal adviser Simone Sulcas, the company “categorically denies” any donation or support to the Israeli government or military. “Neither Cape Union Mart nor its executive chairman has ever donated to any organisation outside of South Africa,” Sulcas said.

She added that the legal route was a last resort after attempts to clarify the facts with protestors were unsuccessful.

The human toll on both sides

In his affidavit, Krawitz says the campaign has gone beyond protest into personal threat. He claims he and his wife are being publicly defamed, forcing him to hire bodyguards and use a bulletproof vehicle out of fear for their safety.

He argues the campaign is motivated not by truth but by prejudice, pointing out that the business was founded by a Jewish family and suggesting that’s the real reason it’s been targeted.

But the PSC isn’t backing down. Speaking to the media, spokesperson Usuf Chikte called the lawsuit a “textbook SLAPP suit” – legal action intended to intimidate activists into silence. Chikte argues this is less about protection and more about protecting profit.

“This is a blatant attempt to weaponise the courts to shield corporate interests from public accountability,” Chikte said.

Image 1: Pexels

The SLAPP suit debate: Protest vs profit

At the heart of this legal tug-of-war is a constitutional grey zone: when do protests cross the line from free expression into defamation?

The Muslim Judicial Council (MJC) has weighed in, calling the lawsuit “unconscionable” and expressing concern that the courts are being used to suppress legitimate, peaceful protest.

“Such legal manoeuvres bear the hallmarks of SLAPP suits,” said the MJC in a public statement. “These demonstrations are rooted in an ethical imperative to resist complicity in war crimes. It is wrong to use litigation to silence this stand.”

What’s next?

Respondents – including five named PSC activists, the broader PSC, and unidentified protestors – have until 29 June 2025 to file their responses. It’s likely the case will ignite further public discussion over the role of corporate accountability during international crises, especially in a nation like South Africa with a long history of people-powered resistance.

For now, the tension continues to simmer between a major national retailer defending its name and a grassroots movement fighting for international justice.

Whatever the outcome in court, this case highlights the evolving frontlines of activism in South Africa – where social justice, business, and public sentiment are increasingly colliding in the courtroom.

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Source: IOL

Featured Image: Cape Union Mart