Move to settle WhatsApp race case

Posted in categories

  • CyberREPORTs
Publish date 12 July 2019
Issue Number 1790
Diary Legalbrief eLaw
The trial of Adam Catzavelos – the Johannesburg businessman who caused an uproar for using the K-word in a video – has been postponed to 29 August, says a TimesLIVE report. The defence made their submissions to the Randburg Magistrate's ...

The trial of Adam Catzavelos – the Johannesburg businessman who caused an uproar for using the K-word in a video – has been postponed to 29 August, says a TimesLIVE report. The defence made their submissions to the Randburg Magistrate's Court on 5 July, which the Gauteng DPP still has to go through. Catzavelos is facing a charge of crimen injuria after his race rant from a beach in Greece on WhatsApp, according to a second TimesLIVE report. Catzavelos is also facing charges in Athens for the race rant, and an Equality Court pre-trial hearing on 5 August. His lawyer Lawley Shein said Greek authorities confirmed in a letter they were charging Catzavelos for having, via the Internet, 'incited, provoked, excited or encouraged acts or actions which may cause discrimination, hatred or violence against the person or the group of persons identified by race, colour, religion, genealogy, national or ethnic origin, sexual orientation, gender identity or disability in a manner which endangers public order or threatens the lives, freedom or physical integrity of such persons'. The letter indicated he was being charged because the video of his racist rant was posted on YouTube, which was 'accessible on Greek territory', and that the K-word in Greek was also a 'derogatory word for a black person and denotes the racist belittlement of the black people'.

Regarding the SA case, SAHRC Gauteng manager Buang Jones said Catzavelos wanted to settle the matter out of court, without paying damages, but they wanted him to pay at least R200 000. 'They submit that Mr Catzavelos is willing to undergo sensitivity training, to undergo some form of community service for the conduct that he's accused of. In the answering affidavit, he does admit to the claim that we are making that his conduct amounts to hate speech,' Jones said. 'Mr Catzavelos asserts that he does not have money and they are experiencing financial challenges, but this is not corroborated by any form of proof. Until there is such proof, we are not willing to entertain any form of settlement ... Our view is that damages serve as a deterrent.'