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The South African Human Rights Commission made an appearance at the Randburg Magistrates’ Court on Tuesday to lay its own charges against Adam Catzavelos, over his 2018 racist rant on a Greek beach.
Catzavelos (40) appeared at court on Tuesday morning to face charges of crimen injuria.
“We want to commence our case against him by taking him to the Equality Court over discrimination related matters,” said Gauteng provincial manager for the human rights commission, Buang Jones.
According to Jones, the commission was not part of the criminal proceedings at the Randburg Court on Tuesday.
“We as the commission are asking the Equality Court to declare the utterances by Mr Catzavelos as hate speech and we served him with our papers this morning,” he said.
Jones added that the commission was considering a number of actions to be taken against Catzavelos which include “a fine or the issuing of an apology to South Africans”.
A section of the founding affidavit seen by City Press from the human rights commission reads: “The commission submits that the respondent’s use of the word “k****r”, in reference to black individuals, constitutes hate speech on the basis of race, which is prohibited in terms of section 10 of the Equality Act as set out above.”
The charges against Catzavelos came after a video went viral in August last year where he recorded himself while at an overseas holiday spot in Greece where he used the “K” word.
In the video Catzavelos is heard saying: “Not one k****r in sight, f*cking heaven on earth … You cannot beat this!”
Following the release of the video, the Economic Freedom Fighters (EFF) in Gauteng, laid a criminal case against Catzavelos at the Bramley Police Station.
EFF’s Gauteng chairperson, Mandisa Mashego told City Press: “The case was postponed today [Tuesday] for whatever reason and we will wait for the outcome of the case.”
Read: Holiday maker to face charges for racist viral video shot abroad
Although recorded in another country, social media law expert Emma Sadlier previously told City Press that Catzavelos did in fact incriminate himself while abroad.
“Publication of the recorded content takes place where the content is viewed,” she said.
Professor of law at Wits University, Cathi Albertyn, told City Press that Catzavelos could possibly face criminal and civil charges.
“He is already facing a charge of crimen injuria which, if he is found guilty, will leave him with a criminal record,” she said.
“The human rights commission could also take him to the Equality Court for a case where he could face a penalty ranging from anything between a fine to a public apology.”
Albertyn added: “The Equality Court sets a precedence and can definitely view this kind of behaviour as hate speech.”
If Albertyn’s sentiment is anything to go by, Catzavelos – like Penny Sparrow and Vicki Momberg before him – will also face some form of prosecution for his alleged racist action.
In 2015, Sparrow referred to black people on a Durban beach front as “monkeys”. Following her remarks, Sparrow was fined R150 000 by the Equality Court.
Momberg, a former real estate agent, was sentenced to two years in prison by the Randburg Magistrates’ Court for her racist outburst directed at a black police officer who had helped her after an alleged smash-and-grab incident in 2016.
Following Catzavelos’ racist rant, a number of angry people on Twitter called for all companies who worked with the businessman, including The Baron, Butcher Boys, The Butcher Shop & Grill and Braza, to turn their backs on the family business, St George’s Fine Foods. Catzavelos was fired from the family company.
An attempt to speak to his older brother Nicholas Catzavelos, yielded no results.
“I have no comment. I have nothing to do with this matter,” he told City Press.
Catzavelos’ case was postponed to June 13 so the businessman could find a lawyer to represent him.
He could not be reached for comment.
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