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CALS intervenes in landmark case on the 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

Next week, the Centre for Applied Legal Studies (CALS) will appear in the Western Cape High Court as a friend of the court in an interdict application brought by Cape Union Mart against the Palestine Solidarity Campaign and other protesters. CALS aims to assist the Court in drawing the distinction between hate speech and political speech, as well as engage on the limitations of the right to protest.

Since November 2023, the Palestine Solidarity Campaign (PSC) and others have held protests outside stores owned by Cape Union Mart. The protesters contend that the brand is associated with Israel and have called for consumer boycotts as part of broader protests against Israel’s operations in Gaza and the unlawful occupation of Palestine. The protests form part of a global movement in support of Palestinian self-determination and calling for accountability for Israel’s violations of international law.

In response to the campaign, Cape Union Mart approached the Western Cape High Court in June 2025 for an interdict against PSC and other protesters. 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. They cited financial losses and reputational damage and sought to restrain activists from picketing outside its stores.

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. The hearing for a final interdict will take place from 15 – 19 June 2026 before a full bench of the High Court.

The Centre for Applied Legal Studies (CALS) has been admitted as amicus curiae or a “friend of the court” in the matter. CALS seeks to make two key submissions. Firstly, CALS aims to assist the Court in drawing the distinction between constitutionally protected political speech on the one hand and hate speech on the other. We take into account the existing case law of the Constitutional Court, as well as international law and law in other jurisdictions. Secondly, CALS will engage the court on the limitations of the right to protest and the historical use of face coverings during demonstrations.

CALS is represented in the matter by in-house counsel Jatheen Bhima.

The hearing is scheduled for 15 – 19 June 2026 in the Western Cape High Court.

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