Legal showdown looms as Cape Union Mart takes PSC to court over 'genocide funder' claims

International retailer Cape Union Mart has approached the Western Cape High Court to seek an interdict restraining the local organisation, Palestine Solidarity Campaign (PSC), from labelling them as supporting genocide.

The retailer has been called out by the PSC numerous times as "supporting genocide", referring to the current ongoing genocide taking place in Gaza as the Israelis continue to martyr the Palestinian people. 

In court papers, which IOL has seen, Cape Union Mart is cited as the first applicant, and the second applicant is owner and executive chairman Philip Krawits. 

The respondents are five activists from the PSC, and the sixth respondent is unidentified protesters, and the seventh respondent is the PSC. 

In its application, Cape Union Mart asked the court to interdict/restrain PSC from harassing and intimidating customers and staff. 

In response to IOL’s inquiry, Cape Union Mart's legal advisor, Simone Sulcas, confirmed the application was filed at the Western Cape High Court. 

“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,” she 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 said. 

PSC member, Usuf Chikte, said the court action 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. 

Get your news on the go, click here to join the Cape Argus News WhatsApp channel.

Cape Argus