Protesters ordered to stop harassing Cape Union Mart customers

Protesters have been ordered to stop harassing customers outside Cape Union Mart stores and preventing them from going into the shops. The Western Cape High Court issued the order on 5 August in a significant step towards stopping unlawful behaviour by anti-Israel protesters.

It comes after almost two years of anti-Israel protesters intimidating shoppers, the retailer, its brands, and its executive chairperson, Philip Krawitz. The order was agreed upon by all parties.

“This may send a message to people who protest unlawfully and defame others that these actions could have legal consequences,” says Cape Union Mart’s legal adviser, Simone Sulcas.

Krawitz and Cape Union Mart took protesters to court as a last resort after numerous attempts to communicate the correct facts were ignored by protesters. The application asks the court to put a stop to unlawful behaviour and defamatory lies. The respondents, which include the Palestine Solidarity Campaign, unidentified protesters, and several named respondents, have chosen to oppose the application.

The terms of the order were agreed upon on 5 August. “About six weeks ago, we filed an application in the Western Cape High Court to interdict unlawful actions by protesters,” says Sulcas. “We succeeded in the granting of an order, which will operate as an interim interdict preventing protesters from harassing and intimidating our customers and blocking entry to our stores.” This was made an order of the court by Judge President Nolwazi Mabindla-Boqwana.

Protesters have falsely claimed that Cape Union Mart is “funding genocide”; the Israeli army; and the conflict in Gaza, and have even advanced claims of complicity in the killing of children. Cape Union Mart and Krawitz categorically state that they have never donated funds to the Israeli army, nor the Israeli government. More specifically, Cape Union Mart has never donated funds to any entities outside of South Africa, and Krawitz has donated funds only for humanitarian purposes.

Protesters chanted slogans and waved Palestinian flags outside court as the parties engaged with each other inside on 5 August.

Cape South African Jewish Board of Deputies (Cape SAJBD) Executive Director Daniel Bloch says the Cape SAJBD welcomes the court order. “For almost two years, protesters have stood outside Cape Union Mart stores using violent, inflammatory, and defamatory rhetoric towards both the retailer and the Krawitz family. And again, we saw this rhetoric used outside the Western Cape High Court.

“Chants such as ‘Boom, boom Tel Aviv’; ‘Boom, boom Cape Union Mart’; and ‘Death to Israel’ go far beyond protest, they are explicit incitement to violence, against civilians, and are now also directed at a South African, Jewish-owned business, its employees, and its customers,” says Bloch. “The false and baseless accusations against Mr Krawitz are also defamatory. These aren’t slogans of dissent but hate speech and threats that have no place in a democratic society.”

Bloch says the legal application “seeks to stop the spreading of lies and limit the unlawful protest action that has disrupted business and targeted staff and customers. This isn’t an attack on free speech, but a legitimate step to uphold public safety and truth. The Cape SAJBD stands firmly with Cape Union Mart and Philip Krawitz in the face of this sustained campaign of harassment and antisemitism.”

Krawitz stressed his support for the right to protest as set out in our Constitution. However, he believes such rights should be exercised within the limitations of the Regulation of Gatherings Act 205 of 1993. In addition, defamatory comments, outright lies, and the harassment of customers cannot and should not be tolerated.

“Like most South Africans, I would desperately like to see an end to the war in the Middle East and the tragic deaths of innocent civilians on both sides of the conflict,” he says. “As a father and grandfather, I particularly agonise over the deaths of children on both sides and pray for the immediate release of hostages being held in the most inhumane conditions. It’s now time to ‘break the spears, and dry the tears’ and find a route to peaceful coexistence of Israelis and Palestinians.”

Sulcas says, “It must be categorically stated that Cape Union Mart respects and upholds the rule of law that governs all South Africans, which includes freedom of expression and the right to protest.”

Cape Union Mart “emphasises in its application that it does not seek an order preventing the protesters from expressing themselves”, she says. “However, this must be done without spreading defamatory falsehoods and with due regard to the rights of Cape Union Mart’s customers and the public not to be harassed. This is about upholding the rule of law and protecting everyone’s rights. We have full confidence in our judicial system.”

The respondents deny harassing and intimidating customers, but Sulcas says there are videos and photos proving that customers have been harassed.

The parties also agreed that unidentified protesters will be informed of the relief sought, with the use of notices outside specific stores and publication in local newspapers. They agreed that if any of these unidentified protesters wish to defend the matter, they must do so by 5 September 2025.

Finally, they agreed that the main application will be postponed to 16 and 17 February 2026, when the rest of the issues as per the notice of motion will be ventilated in court, including the determination of costs.

“We really wished to avoid this application,” says Sulcas. “This isn’t an assault on freedom of expression, but about balancing the right to protest against respect for others. You cannot tell untruths that Cape Union Mart is ‘killing babies’ and ‘funding genocide’ under the pretence of freedom of speech.”

She says it’s too early to say if the court order could set a precedent in preventing the intimidation of South Africans by anti-Israel protesters in other instances, but believes it’s a step in the right direction.

Hate speech expert, advocate Mark Oppenheimer, says, “While Cape Union Mart’s litigation continues, the parties have reached an interim agreement to ensure protests outside its stores remain lawful. This arrangement protects the constitutional right to protest, while safeguarding Cape Union Mart’s right to conduct business without intimidation or unlawful disruption.”

Because there’s no judgement from the court yet, Oppenheimer says, it’s unclear if this could set a general precedent for other anti-Israel protests in South Africa in future. “This arrangement is an interim one that regulates how things will go during this time. The matter will be heard in February, and then you could have a decision that comes out that very well may create a precedent around the conduct of protesters.”

Bloch says the Cape SAJBD “reaffirms its commitment to defending the Jewish community, combating hate speech, and ensuring that no South African is subjected to intimidation or harassment because of their faith, identity, or beliefs. We believe in the constitutional right to freedom of expression; however, we draw the line when these freedoms are exploited by individuals and organisations who seek to attack our community.”

The Cape SAJBD urges all South Africans “to reject incitement and stand together in support of truth, safety, and peaceful coexistence”.