Batohi dismisses bid by racist Adam Catzavelos to avoid criminal prosecution

Batohi dismisses bid by racist Adam Catzavelos to avoid criminal prosecution

Adam Catzavelos leaves the Randburg Magistrate's Court after his second appearance. A video he took in Greece in which he used racial slurs went viral on social media, 13 June 2019. Picture: Neil McCartney

The case has been postponed until December 5, when he will enter into a plea bargain.

Adam Catzavelos, who became infamous after a video of him casually using the k-word while on a holiday in Greece went viral, has had his application to have crimen injuria charges against him dropped dismissed by National Director of Public Prosecutions Shamila Batohi.

The charges were laid by the Economic Freedom Fighters.

In his submission to the National Prosecuting Authority (NPA) in a bid to have the crimen injuria charges dropped, Catzavelos argued that the matter was outside the jurisdiction of a South African court due to the incident not having taken place in the country.

The NPA confirmed on Tuesday that his submission was unsuccessful.

Catzavelos’ case has now been postponed until December 5 for a plea bargain, said his lawyer Lawley Shain outside court.

“We want to finalise the case and we are entering into a plea bargain which we are negotiating right now. Hopefully, this case will be finalised by December 5,” he said.

Catzavelos reached a settlement with the South African Human Rights Commission (SAHRC) in August which will see him pay a fine of R150,000.

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The NPA explained that the SAHRC matter and the criminal case were separate following Catzavelos agreeing to the fine at the Randburg Magistrate’s Court in August.

“These processes are two different processes and, in the criminal matter, the State would have to prove its case beyond a reasonable doubt, said then NPA spokesperson Phindi Mjonondwane.

The fine saw Catzavelos agree to pay the settlement to the Seth Mazibuko Legacy Foundation, a charity in Soweto that promotes social cohesion, non-racialism, social injustice, and reconciliation. He will pay it over 30 months.

On the same day in August, Catzavelos appeared in relation to the criminal case, and it was highlighted that Catzavelos’ representation to the Gauteng director of public prosecutions to not be prosecuted was unsuccessful.

He has also received a summons from Greek authorities for the use of the racial slur, News24 previously reported.

He is expected to face charges relating to the “intention to publicly – via internet – incite, provoke, excite or [encourage] acts or actions which may cause discrimination, hatred or violence against a person or group; or persons identified by race, colour, religion, genealogy, national or ethnic origin, gender; or threatens the lives or freedom of such persons”, his lawyer explained to the media.

(Compiled by Daniel Friedman. Background reporting, Gopolang Moloko)

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