CALS supports Palestine Solidarity Campaign's right to freedom of expression
- Lee-Anne Gaertner
CALS is set to appear as a friend of the court in the Western Cape High Court from 15 – 19 June 2026 in an interdict brought by Cape Union Mart
The Centre for Applied Legal Studies (CALS) has applied to the Western Cape High Court to intervene as a friend of the court in an interdict brought against the Palestine Solidarity Campaign by Cape Union Mart. CALS hopes to assist the court in defining the line between constitutionally protected speech and hate speech, and we further argue against the prohibition on wearing masks during protests.
Since November 2023, the Palestine Solidarity Campaign (PSC) has held protests outside stores owned by Cape Union Mart. The activists contend that the brand is associated with Israel and have called for consumer boycotts as part of broader protests against Israel’s actions in Gaza and the occupation of Palestine. The protests form part of a global movement calling for Palestinian rights and accountability for suspected violations of international law.
In response to the campaign, Cape Union Mart approached the Western Cape High Court for an interdict against PSC. The application calls the remarks about the company’s ties to Israel “defamatory” and further seeks to prohibit protesters from “inciting hatred” and wearing face coverings. At the hearing for an interim interdict in August 2025, Cape Union Mart and PSC reached a settlement agreement which was made an order of court. PSC maintains that it has not intimidated customers or prevented access to stores.
Arguments supporting these different positions will be presented in court at the hearing for a final interdict which will take place from 15 – 19 June 2026 before a full bench of the High Court.
The Centre for Applied Legal Studies (CALS) has applied to the court to intervene in the matter as amicus curiae or a “friend of the court”. CALS seeks to make two key, novel submissions to assist the court in determining the matter. Firstly, we present argument on the distinction between hate speech and political speech which is protected under section 16 of the Constitution. Secondly, we examine the historical use of face coverings during demonstrations as an exercise of the right to protest as envisioned in section 17.
“These proceedings take place in the context of an ongoing humanitarian crisis in Gaza,” says Sithuthukile Mkhize. “The United Nations itself has labelled this a genocide. People around the world are mobilising to protest against Israel’s actions, including people in South Africa. They have every right to call for boycotts, divestment and sanctions aimed at ending the occupation.”
“It is clear that slogans such as ‘From the river to the sea’ are examples of political speech,” says Robert Krause. “This is not an attack against Jewish identity, but rather exposes a political affiliation to Zionism. In fact, it is the prohibition against wearing face coverings during protests which targets people based on their religion, ensuring that people wearing the hijab are not able to participate.”
CALS is represented in the matter by in-house counsel Jatheen Bhima.
The next hearing is scheduled for 15 – 19 June 2026 in the Western Cape High Court.