Judgment reserved in Cape Union Mart, PSC battle

CAPE TOWN - Judgment has been reserved in a case where Cape Union Mart is asking the Western Cape High Court to grant a final interdict against the Palestine Solidarity Campaign and its supporters.

Philip Krawitz, Cape Union Mart chairman, said the placards and slogans used during the protest outside his stores are false and defamatory as they claim he and the company support Israel's conflict in Gaza.

The PSC argues they have a right to protest and that Krawitz's association with bodies linked to the State of Israel is well documented.

A full bench of three judges heard arguments over three days from lawyers representing Cape Union Mart and Krawitz, as well as lawyers acting on behalf of the Palestine Solidarity Campaign.

Krawitz is a well-known businessman in the Jewish community and supports various NGOs and organisations.

READ | WC High Court to hear Cape Union Mart interdict bid against PSC 

His lawyers argued that the protests outside his stores are defamatory because the placards and slogans portray him as complicit in a genocide and the killing of babies. Pro-Palestine activists have been staging boycotts and weekly protests outside the Cape Union Mart stores since late 2023.

The PSC argued that the protests are targeting Krawitz's association with organisations which they said are linked to human rights abuses committed in Gaza. 

Ismail Jamie, the lawyer for PSC and others, argued that granting a final interdict would be nothing short of a gagging order, and this would be unconstitutional. 

Chris Woodrow, lawyer for Cape Union Mart and Krawitz, said PSC failed in setting up rational bases for the protests and defamatory statements. 

Judgment has been reserved. 

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