Western Cape High Court to decide on Cape Union Mart's interdict against PSC

Grant

Grant

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Western Cape High Court judges will take time to consider the evidence, legal arguments, and applicable law before delivering judgment in an application by outdoor apparel retailer Cape Union Mart International and its executive chairman, Philip Joseph Krawitz, for an interdict against some Palestine Solidarity Campaign (PSC) activists.
The company and Mr Krawitz filed papers in June last year against seven respondents to restrain them from harassing and/or intimidating customers at stores. ("Ongoing Palestine Solidarity Campaign protests as Cape Union Mart seeks court interdict", Atlantic Sun, August 7).

On Thursday, June 18, the court heard PSC's advocate Ismail Jamie, senior counsel (SC), who argued that this was a "gagging order".
He said that the Constitution protected freedom of speech.

"The freedom to express beliefs and opinions, whether they are correct, in someone else's judgement, including the court's judgment, whether they are offensive, whether they are hyperbolic, whether they are extreme, whether they even invoke deep feelings of anger in the people who hear that speech. All of that is protected," he said.
Jamie explained that the Freedom of Expression right outlined in Section 16 of the Constitution excludes spreading propaganda or incorrect information encouraging people to participate in war or public violence; and spreading information that promotes racial, ethnic, or religious hatred; or encouraging people to harm people of specific racial, ethnic, religious, and political groups.
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atlanticsun.co.za

Western Cape High Court to decide on Cape Union Mart's interdict against PSC

Will the Western Cape High Court uphold freedom of expression in the face of Cape Union Mart's interdict application against Palestine Solidarity Campaign activists?
atlanticsun.co.za atlanticsun.co.za
 
"The freedom to express beliefs and opinions, whether they are correct, in someone else's judgement, including the court's judgment, whether they are offensive, whether they are hyperbolic, whether they are extreme, whether they even invoke deep feelings of anger in the people who hear that speech. All of that is protected," he said.
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this should get interesting !
 
Sideshow Bob said:
In my opinion, only exceptions to freedom of speech should be
1. Incitement to violence
2. Any obscenity directed at children
3. Leaking state secrets
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well, it could turn a bit of a page - going forward we are faggots, coolies, kaffirs, kvuntfaces . . . good times - "open season" has been declared.

this may turn out to be cathartic for the entire nation :love::ROFL:
 
Grant said:
well, it could turn a bit of a page - going forward we are faggots, coolies, kaffirs, kvuntfaces . . . good times - "open season" has been declared.

this may turn out to be cathartic for the entire nation :love::ROFL:
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Sure but such people will be generally out of jobs if they are caught on video (or some evidence) so justice system doesn't have to bother about it.
 
at least they use the IRGC and Hamas money Wisely.
maybe they want to open a Mosque right on the lawns of the union gardens, while also blaring the call to prayer 5 times a day at deafening volume, you think a Construction site is bad?

no, lets let them go further, lets get them to FORCE ALL women to wear Buqras everywhere, and not allow them to drive.
I mean how deep do the crazies want to go?
 
Sideshow Bob said:
In my opinion, only exceptions to freedom of speech should be
1. Incitement to violence
2. Any obscenity directed at children
3. Leaking state secrets
Click to expand...
Defamation is also a perfectly justifiable reason to limit freedom of speech. And it isn't a preventative general law like hate speech , it is a curative step which has to be applied for the right to be limited. Like this application:

The application said: "The respondents are interdicted and restrained from making any claim that the first applicant (Cape Union Mart) or one of its brands, including Poetry, Old Khaki, and K-Way, are associated with the State of Israel in any way."

Mr Krawitz, also seeks to restrain the activists from making claims that he is "funding genocide", the Israeli army, the conflict in Gaza, in any way, or that they are complicit in or killing children.

They also want to restrain the activists from publishing any defamatory statements against them.
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This is the case in the US I might add, which is the only country in the world that has actual free speech. Freedom of speech doesn't include the freedom to destroy someone's reputation on false grounds.
 
"The freedom to express beliefs and opinions, whether they are correct, in someone else's judgement, including the court's judgment, whether they are offensive, whether they are hyperbolic, whether they are extreme, whether they even invoke deep feelings of anger in the people who hear that speech. All of that is protected," he said.

Jamie explained that the Freedom of Expression right outlined in Section 16 of the Constitution excludes spreading propaganda or incorrect information encouraging people to participate in war or public violence; and spreading information that promotes racial, ethnic, or religious hatred; or encouraging people to harm people of specific racial, ethnic, religious, and political groups.
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Does this lawyer think there is a constitutional right to say defamatory things?
 
Sideshow Bob said:
In my opinion, only exceptions to freedom of speech should be
1. Incitement to violence
2. Any obscenity directed at children
3. Leaking state secrets
Click to expand...

So, leaking classified information where the gov is doing dodgy **** is not ok. Such a good little citizen.
 
Jet-Fighter7700 said:
at least they use the IRGC and Hamas money Wisely.
maybe they want to open a Mosque right on the lawns of the union gardens, while also blaring the call to prayer 5 times a day at deafening volume, you think a Construction site is bad?

no, lets let them go further, lets get them to FORCE ALL women to wear Buqras everywhere, and not allow them to drive.
I mean how deep do the crazies want to go?
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cope harder

1782969753021.png
 
ponder said:
So, leaking classified information where the gov is doing dodgy **** is not ok. Such a good little citizen.
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You are perhaps correct that it needs to be removed from exceptions because it looks like espionage is already a crime in most countries.

The unauthorized disclosure of sensitive state, military, or intelligence information undermines national security and is universally
prosecuted as a criminal offense, often under espionage or state secrecy laws
Click to expand...
 
ponder said:
So, leaking classified information where the gov is doing dodgy **** is not ok. Such a good little citizen.
Click to expand...
oh my
the gentlemen of vlakplaas would have had a field day with me, then driven me to st lucia to be fed to the crocodiles.

i had access to all documentation related to our circumventing the oil embargo - every drop of oil entering the country.
documents like this:


Scan 2013-08-27 at 8.45.36 PM.jpg



instructions given to taker captains entering our territorial waters (vessels under false names):
ship instructions 2.jpg





a book was later written about the embargo - i'm interchangeably reffered to as "mr x," and "source b"
srb meeting.jpg
 
Interesting documents. Looks like the famous / infamous Marc Rich played an important role in ensuring we had access to oil back in those dark days.
 
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