Mall of Africa security stand watch over the group of EFF members protest outside the Clicks store in the Mall, 7 September 2020, Midrand. The party has called for a total shutdown of all Clicks stores after a racist advert was shared on social media. Picture: Jacques Nelles
While the Economic Freedom Fighters (EFF) have vowed to intensify protest action to force embattled health and beauty retailer Clicks to close its stores – despite an interim court order instructing the party and its members not to interfere with the company’s business operations – a constitutional law expert has warned that the EFF skated on thin ice.
In an attempt to secure its business operations, employees and customers, Clicks on Tuesday morning won an interim high court order, barring EFF leaders and supporters from threatening staff, clients and inciting violence – against a background of some of its stores being thrashed and petrol bombed.
This after the EFF countrywide’s demonstrations on Monday, following the furore over last week’s advert published on the company website, which labelled black hair as “frizzy and dull” and white hair as “normal, fine, flat”.
Commenting on the legal significance of the interim order, Accountability Now executive director, Advocate Paul Hoffman, warned that it would be “a contempt of court if EFF leaders and its supporters ignored or disregarded the interim interdict”.
Hoffman explained: “In the matter of the interim interdict against EFF leaders and its supporters, if it can be proven that they have been involved in acts outlined in the legal document, then they would be in contempt of the interim court order interdicting them.
“Section 165 (5) of the constitution says orders of the court are binding on those to whom they apply. Ignoring the orders of court is a serious offence, because it is not as though you are attacking the object of your disgruntlement.
“Disregarding it (interim court order) means you are actually attacking an order of court against you, worsening the gravity of the situation, because you are acting in contempt of an order of court. This is fundamental to the rule of law.
“There would be chaos in the country if people disregarded orders of court.”
Since publication of the racially-divisive advert, public outcry over the Clicks saga has set social media ablaze, with former public protector Thuli Madonsela, who is now law professor at the University of Stellenbosch, tweeting: “In my view, the Clicks case #BlackHairMatter, is a textbook case of unconscious bias. Calling it out is great, but anarchy and violence undermine the cause.
“The best and most cerebral response I’ve seen so far is a video by young black women, among them my colleague.”
Meanwhile, the EFF has vowed to continue protest action “against racism”.
The EFF said in a statement: “We will continue to protest across all Clicks outlets until the 11th of September 2020. This is to ensure that Clicks, which values profits over the dignity of black people in this country, feels the consequences of undermining the identity of black people and presenting whiteness as a standard for beauty.
“Accordingly, all members and ground forces of the EFF must intensify their efforts to ensure Clicks does not operate, and this must be done through peaceful means.
“Racists can no longer hide from accountability in this country and we will confront their arrogance decisively.”
– brians@citizen.co.za
For more news your way, download The Citizen’s app for iOS and Android.
Download our app and read this and other great stories on the move. Available for Android and iOS.
