The Palestine Solidarity Campaign (PSC) argued in the Western Cape High Court on Wednesday that the application brought by Cape Union Mart should be dismissed based on the evidence before court.
The PSC legal team denied allegations that they were the only organisation involved in the boycott protests, saying the application mischaracterises the broader nature of the campaign. They further argued that the relief sought amounts to a “vague and overbroad” restriction on constitutionally protected speech and protest action.
“The matter should be dismissed on the papers,” counsel for the PSC said, adding that there are “material disputes of fact” which cannot be resolved at motion stage.
They also challenged the wording of the proposed interdict, arguing it would be difficult to interpret and enforce.
“It would lead to a vague, unworkable order,” they said, warning that it could operate as a form of prior restraint on expression.
“The respondent is not required to prove its defence at this stage; it must only show a sustainable basis,” counsel said, arguing that the matter turns on competing versions that must be properly tested.
On Monday, Cape Union Mart’s legal team told the court that the activists’ claims rely heavily on internet sources and unverified interpretations, which they described as “unverified or speculative.” They rejected allegations that the company or its leadership has any direct or indirect support for military activity, saying those claims are not supported by evidence and that references to funding or support structures have been misrepresented and are unrelated to legitimate humanitarian or civilian initiatives.
Outside the court on Wednesday, tensions escalated during the protest activity when a Muslim Views journalist was allegedly assaulted by a spokesperson for the South African Friends of Israel. The journalist was reportedly taking photographs of the picket when the spokesperson objected to being photographed and began pushing him. The confrontation escalated when the journalist continued taking pictures, leading to the alleged assault. A case has since been opened with SAPS.
The case itself centres on allegations that protest actions outside Cape Union Mart stores have disrupted business operations and intimidated customers. The company is seeking a court interdict to prevent what it considers unlawful conduct from continuing.
The court is expected to rule on whether the conduct and statements attributed to the activists meet the legal threshold for an interdict. Proceedings are set to continue until Thursday, with Wednesday marking the second day of the three-day hearing.
Photo: Vocfm
