Cape Union Mart seeks court interdict against pro-Palestinian group

Mail & Guardian

23-06-2025

Cape Union Mart and its executive chairperson, Philip Krawitz, have approached the Western Cape high court for relief from what they describe as a defamatory and threatening protest led by the Palestinian Solidarity Campaign.(@Ayesha_Bagus/X)
Cape Union Mart and its executive chairperson, Philip Krawitz, have approached the Western Cape high court for relief from what they describe as a defamatory and threatening protest led by the Palestinian Solidarity Campaign.
In the papers, Cape Union has asked the court to limit the number of protesters, prohibit people from covering their faces, issue an interdict against defamatory claims and order symbolic damages to be paid.
Krawitz, who has led the company since 1980, has also asked the court to authorise sheriffs to enforce the order at Cape Union Mart outlets and to compel the Palestine Solidarity Campaign to publish a public apology.
The protest began in November 2023 shortly after the 7 October 2023 Hamas attack in which about 1 200 Israelis were killed and more than 200 people were taken hostage.
The protest has mainly targeted Cape Union stores at the V&A Waterfront, Canal Walk and Cavendish Square in Cape Town.
Cape Union Mart says as a result of the protests, it had to close its Killarney Mall store in Johannesburg in April because of declining foot traffic and what it said was ongoing intimidation.
Protesters allegedly celebrated the closure online, sharing posts with the caption 'boycotts biting!' The company, which employs more than 3 000 people at 270 branches, warned that continued financial losses could lead to retrenchments.
In its court papers it says demonstrators intimidated customers and made public claims that Cape Union Mart was 'funding genocide' and 'killing babies' in Gaza. Krawitz argues that the campaign is being waged 'for no apparent reason other than the fact that the company was founded and is owned by Jews'.
Krawitz's affidavit states that in July 2024 he was warned by the Directorate for Priority Crime Investigation (the Hawks) about a planned attempt on his life. He has since hired private security, now travels in a bulletproof vehicle and says photographs of his family have been shared by activists online, which he says heightens the risk to their safety.
Cape Union Mart group legal adviser Simone Sulcus told the
Mail & Guardian
that 'the application was brought as a last resort after previous efforts to communicate the correct facts to the protestors failed'.
'Cape Union Mart and its executive chairman Philip Krawitz categorically state that they have never donated funds to the Israeli army or Israeli government,' Sulcus said, adding that the executive chairman has only donated funds for humanitarian purposes.
In 2015 Krawitz was honoured by Keren Hayesod, the fundraising organisation for Israel. This was for his role in leading the Cape Town Jewish community's fundraising efforts during the Israel Defence Forces'
Krawitz acknowledged in the affidavit that he has received awards from pro-Israel organisations. But he denied that he or Cape Union Mart have ever donated to the Israeli government or its military and argued that his philanthropic ties are being misrepresented to damage the company's reputation.
'The campaign is being conducted on a fundamentally false premise, and the harm it is causing is severe,' he said.
The application calls on the court to prohibit protest claims that link Cape Union Mart or Krawitz to military actions by the Israeli state. It also seeks a restriction on protests involving more than 15 people unless held in compliance with the Regulation of Gatherings Act.
Krawitz maintains that the demonstrations are motivated by a public sentiment to link Jews with the ongoing conflict in Gaza.
In response to questions from the M&G, the Palestinian Solidarity Campaign said Cape Union's legal action was 'intended to intimidate and silence the campaign for justice, peace, freedom and equality for Palestinians'.
It added that the motion for an interdict represents 'a textbook SLAPP [strategic lawsuit against public participation] suit designed to suppress critical peaceful voices through legal intimidation'.
'SLAPP suits pose a serious danger to democratic rights in South Africa. They are used by powerful entities to drain activist resources, create a chilling effect on civil society, and shift public discourse away from the real issues,' it said.
The campaign said it viewed the court filing as a direct threat to constitutional rights, specifically freedom of expression and freedom of association, adding that it would meet with other stakeholders to discuss its response.
'We see this legal action for what it is. This is a blatant attempt to weaponise the courts to shield corporate interests from public accountability,' the campaign said in a statement.
'This is not about defamation or safety. This is about suppressing the truth, silencing solidarity, and defending profit at the expense of Palestinian lives.'
Sulcus said Cape Union Mart does not seek an order preventing the protestors from expressing themselves, but that this ought to be done with 'due regard to the rights of Cape Union Mart's customers and the general public not to be harassed'.
'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,' she said.
The case arises amid intensifying tensions over South Africa's foreign policy position on Israel, especially with its