The long-running dispute between outdoor retailer Cape Union Mart and pro-Palestine activists has reached the courts, with the company seeking legal relief against members of the Palestine Solidarity Campaign (PSC) over claims that it supports Israel’s actions in Gaza.
The matter appeared before the Western Cape High Court this week, where Cape Union Mart and its executive chairman, Philip Krawitz, have applied for an interdict against the PSC and several activists associated with the campaign.
According to court papers, the retailer is seeking an order restraining protesters from allegedly harassing or intimidating customers and staff. It is also challenging accusations that the company is “supporting genocide” or “funding genocide” in relation to Israel’s war on Gaza.
The legal battle follows months of demonstrations outside Cape Union Mart stores across South Africa. The protests form part of a broader boycott campaign linked to the international Boycott, Divestment and Sanctions (BDS) movement, which seeks to apply economic pressure on entities perceived to be supporting Israel.
Cape Union Mart has strongly rejected the allegations. The company’s legal adviser, Simone Sulcas, previously stated that the retailer has “never donated funds to the Israeli army or Israeli government” and that neither the company nor its executive chairman has funded entities outside South Africa. She said Krawitz’s donations have been made for humanitarian purposes.
On the other side of the dispute, activists and community organisations argue that the legal action threatens constitutionally protected rights to protest and dissent.
The Cape Town Ulama Board (CTUB), whose executive member Sheikh Sayed Ridhwaan Mohamed is cited among the respondents, has publicly backed the PSC and described the case as a Strategic Lawsuit Against Public Participation (SLAPP).
Speaking to One Nation Media, Shaykh Ridhwaan said he could not comment on the specifics of the case while it remains before the court.
“Because this is an active, ongoing case currently before a judge, I cannot comment on the specifics of the arguments or pre-empt the court’s process,” he said.
Addressing the broader campaign against companies perceived as supporting Israel, Sheikh Ridhwaan said many South Africans are motivated by their own historical experience.
“The determination of the community is rooted in a deep, universal commitment to human rights, international law and global justice. As South Africans, our history gives us a profound understanding of apartheid, systematic oppression and the power of peaceful resistance,” he said.
He further argued that the legal action appears intended to discourage activism.
“As articulated in the official stance of the Cape Town Ulama Board, we view this legal action by a corporate giant as a classic example of a SLAPP suit. It appears to be a calculated, disproportionate attempt to weaponise corporate litigation to chill public dissent, muzzle the voices of activists and suppress legitimate, constitutionally protected rights to freedom of expression and peaceful assembly.”
Outside the court, supporters of the PSC gathered in solidarity with the respondents.
Among them was Megan Choritz of South African Jews for a Free Palestine, who defended the boycott campaign and criticised the court action.
“We are here today to support the Palestine Solidarity Campaign because they have been taken to court,” she said, alleging that activists are being challenged for calling on consumers to boycott Cape Union Mart.
As proceedings continue, the case is expected to test the boundaries between freedom of expression, the right to protest and the protection of reputation in one of South Africa’s most closely watched debates surrounding Israel’s war on Gaza.
