High Court bars pro-Palestine protesters from making genocide claims against Cape Union Mart

The Western Cape High Court has issued an interdict preventing the Palestine Solidarity Campaign from linking Cape Union Mart to genocide or the war in Gaza. The court ruled that the activists failed to provide evidence to support their claims against the retailer.
Why it matters
This case highlights the legal tension between the right to protest and the protection of businesses from unsubstantiated reputational damage.
The Western Cape High Court has barred Palestine Solidarity Campaign (PSC) protesters from making claims linking Cape Union Mart, its brands, and chairperson Philip Krawitz to Israel, genocide and the war in Gaza.
A full Bench comprising Judges Judith Cloete, Constance Noluthando Nziweni and Roy Barendse, found that the PSC respondents had failed to produce “direct evidence and have not made out a plausible case, let alone suggested that a referral to oral evidence or trial would support any sustainable defence”.
They also found that many of the “admitted utterances complained of were presented as factual statements”.
The respondents are barred from claiming that Cape Union Mart or brands, including Poetry, Old Khaki and K-Way, are associated with Israel or funding “genocide” or military conflict in Gaza, and from making similar claims about Krawitz.
READ | Activists failed to prove genocide claims, says Cape Union Mart, as court reserves judgment
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