Cape Union Mart seeks interdict to stop ‘genocide’ accusations by Palestine Solidarity Campaign

Retailer Cape Union Mart has gone to the Western Cape High Court seeking an interdict to stop activists from labelling it as supporting “genocide” and from harassing customers and staff, according to court papers and statements seen by IOL.

What Cape Union Mart is asking from the court

In an application filed at the Western Cape High Court, Cape Union Mart and its executive chairman have asked the court to restrain local organisation Palestine Solidarity Campaign (PSC) and several named activists from repeating what the retailer says are false claims that it is “funding genocide” or otherwise supporting the Israeli military effort in Gaza.

According to IOL, the first applicant in the court papers is Cape Union Mart and the second applicant is owner and executive chairman Philip Krawits.

Who the respondents are

According to IOL, the respondents named in the papers include five activists from the Palestine Solidarity Campaign: Magmuda Ockards, Muhammad Shafiq Gamiet, Mohamed Zaid Jeenah, Sherazaad Rahima Sylvester and Sayed Ridhwaan Mohamed. A sixth respondent is listed as unidentified protesters, and the seventh respondent is the PSC.

Claims and the company response

Cape Union Mart’s legal advisor, Simone Sulcas, said the application follows protests that have been ongoing since November 2023 and which, she said, “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.”

In the court papers and in a statement reported by IOL, Sulcas said:

“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 told IOL the application was a “last resort” after attempts to correct what the company describes as falsehoods had failed. She also said Cape Union Mart does not seek to prevent protesters from expressing themselves but wants to stop the spread of what it calls defamatory falsehoods and protect customers from harassment. A hearing date has not been set, IOL reported.

Supporters of the activists respond

The Cape Town Ulama Board (CTUB) released a statement saying it stands behind one of the respondents and the PSC, and characterised Cape Union Mart’s legal action as a targeted strategic lawsuit against public participation (SLAPP).

In its statement, reported by IOL, the CTUB said the legal action was an attempt to “weaponise the legal system to silence public dissent, suppress freedom of expression, and chill human rights advocacy in South Africa.” The CTUB urged the public, human rights defenders and religious leaders to picket outside the court in support of the activists, IOL reported.

Court timetable

The matter was set down by the Western Cape High Court for three days: June 15, 17 and 18, IOL reported. Protesters and supporters were reported outside the court ahead of the hearing.

What this case centres on

The legal dispute centres on whether PSC protesters may continue to publicly accuse Cape Union Mart of supporting or funding what the protesters describe as a “genocide” in Gaza, and whether the company can obtain a court order to stop those claims and related protest conduct that it says amounts to harassment of customers and staff.