Adam Catza­ve­los — will he or won’t he be pros­e­cuted?

Weekend Witness - - News - SESONA NGQAKAMBA and RIAAN GROBLER

THE prospects that busi­nessper­son Adam Catza­ve­los can be pros­e­cuted for a racial slur that he made in a vi­ral video taken in Greece, are slim, a le­gal ex­pert has said.

In the video, Catza­ve­los records him­self at a hol­i­day spot in Greece, say­ing: “Not one k***** in sight, f****** heaven on Earth … You can­not beat this!”

Tarin Page, an as­so­ciate at HJW At­tor­neys, said that es­sen­tially, in law, the rule is that the coun­try where the of­fence is com­mit­ted has the ju­ris­dic­tion to pros­e­cute.

“In this case, Greece does not have the same laws per­tain­ing to racism as South Africa, and there­fore his racist rant is not con­sid­ered a crime in Greece,” Page said.

Catza­ve­los is ex­pected to ap­pear in the Rand­burg Mag­is­trate’s Court on May 28 where it is be­lieved that he will face a crimen in­juria charge.

How­ever, Page said if such a racial slur was a crime in Greece, he could have been ex­tra­dited to South Africa to be pros­e­cuted here.

She added that while there is no law in Greece re­gard­ing racism, amend­ments to an anti-racism bill were passed four years ago.

Page said if Catza­ve­los had recorded the video, which went vi­ral, while he was in South Africa, then there would be a pos­si­bil­ity that he could be charged in terms of the Elec­tronic Com­mu­ni­ca­tions Act.

How­ever, from the cir­cum­stances, it ap­pears that the video was recorded and posted in Greece, she added.

Page said Catza­ve­los’ case is un­usual be­cause it was streamed world­wide, in­clud­ing in South Africa. “As such, some ex­perts think that this may be an ex­cep­tion to the gen­eral rule which could pos­si­bly give SA ju­ris­dic­tion,” she said.

But René Ko­raan, a se­nior lec­turer at the law Adam Catza­ve­los. PHOTO: FACE­BOOK fac­ulty of North West Univer­sity, is of the view that it doesn’t mat­ter that Catza­ve­los was out of the coun­try when he used the k-word; nor whether it might not be an of­fence in that coun­try.

“It comes down to domi­cile [place of res­i­dence], so ju­ris­dic­tion will be in South Africa. And if you look at the word it­self, I don’t think [Catza­ve­los] was re­fer­ring to any other group of peo­ple in any other place or coun­try.”

How­ever, lawyer and so­cial me­dia ex­pert Emma Sadlier said that it was an in­fringe­ment of Catza­ve­los’ pri­vacy that the video was taken from a What­sApp group, and that he him­self had not posted it on so­cial me­dia. “It’s a valid in­fringe­ment,” she said. “There are two de­fences to pri­vacy in­fringe­ment: con­sent and pub­lic in­ter­est. There’s a lot of pub­lic in­ter­est in root­ing out racism,” she said.

The South African Hu­man Rights Com­mis­sion is also in­ves­ti­gat­ing the mat­ter fol­low­ing the in­ci­dent.

In ad­di­tion, the EFF also laid a charge of crimen in­juria against Catza­ve­los. — News24.

Newspapers in English

Newspapers from South Africa

© PressReader. All rights reserved.