The court found that although Hendrika Johanita van Zyl denied calling Teboho Jousse the K-word during an altercation in a parking lot in the city – that on a balance of probabilities she did utter the word. Van Zyl and Jousse had an argument after a traffic incident in December 2015 that occurred in the presence of Jousse’s wife and Van Zyl’s son in the parking lot of the shopping centre in Fleurdal.

The Equality Court further found that these words amount to unfair discrimination and hate speech. Josse initially sought damages of R100 000 and an unconditional written apology. The court found that the requested amount in damages was, however, disproportionate because Jousse prompted or provoked Van Zyl’s reaction, and there was limited publication of the harmful words.

Van Zyl was ordered to pay damages, to attend a human rights sensitisation programme and to make an unconditional written apology to Jousse, who was represented by Buang Jones from the South African Human Rights Commission.

The organisation’s Shirley Mlombo welcomed the judgment. Mlombo said the judgement is very important because it communicates a number of things. “Firstly it is sending a message that this kind of conduct is totally unacceptable in a democratic era,” said Mlombo. She said it also shows that this kind of conduct is also not acceptable under any circumstances. 

“It also showcase the work of the Equality Court – that is being underutilised in the country. She says people would, instead of approaching the court, rather raise their voices on social media or rant on Facebook. “It is not wrong to do that, but it is important that people know they can approach the Equality Court,” said Mlombo.

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