Image Source: The Post
Local – Islamic scholar and former principal of the International Peace College of South Africa, Shaykh Ihsaan Taliep, stated the case represented a broader attempt to use the courts to silence the solidarity movement.
The retail group Cape Union Mart and its executive chairperson Philip Krawitz are pursuing a defamation case against Palestine solidarity activists in the Western Cape High Court.
The company argues that a boycott and protest campaign running since late 2023 has damaged its reputation through false and defamatory claims, while activists maintain Cape Union Mart and Krawitz are linked to organisations supporting Israel.
“This case for us, as people within the solidarity movement, is important for what it represents: an attempt at lawfare, as we refer to it, to try and silence the solidarity movement,” he said.
Admissibility Of Evidence At The Heart Of The Dispute
Taliep said the dispute centred on whether existing public information about Krawitz, including past comments he had made on Israel, could be admitted as evidence in court. He cited a statement attributed to Krawitz that has circulated in Palestine Solidarity Campaign materials as part of the activists’ case.
He said the quote, expressing support for Israel, was central to the activists’ description of Krawitz and his company as complicit in the conflict.
Taliep added that public statements of this kind, alongside accolades Krawitz has reportedly received from the Israeli state, form part of what activists argue should be admissible in court.
“He would have famously a statement here on one of the posters or pamphlets of the PSC. He would be quoted as saying that I would be proud to be a bigger donor to Israel,” he said.
Ruling Could Set Precedent For Protest Movements
Taliep warned that a ruling in Cape Union Mart’s favour could set a precedent discouraging future protest action against companies over political or ethical concerns, with implications for the wider boycott, divestment and sanctions movement in South Africa.
He argued that legal action of this kind was designed to instil fear among activists rather than to address the substance of their claims. He said the broader aim was to establish legal precedent that narrows the space available for justice-oriented activism.
“It is the strategy of oppressors to silence and suppress those who stand up for justice. We have to look across the globe today with the rise of fascism, the rise of right-wing politics across the globe,” he said.
