THE Western Cape High Court has described AfriForum’s application to have Open Stellenbosch (OS) supporter Johan Pienaar remove his Facebook post – which they claim was defamatory – “oppressive and unjustified”.
The high court dismissed with costs the application to have Pienaar take down his post alleging that the organisation’s supporters threatened a woman with rape at Stellenbosch University during a demonstration earlier this year.
AfriForum refuted Pienaar’s claims and argued that his comments were defamatory.
The organisation and its head of local government affairs, Marcus Pawson, wanted Pienaar interdicted from posting or spreading any statement on any social media the organisation supported that incited, committed and threatened anyone with rape or any crime of a sexual nature.
In his post, Pienaar said: “I witnessed AfriForum supporters threaten to rape women today and when they found out the one protester was a rape survivor, mocked her by shouting ‘don’t rape her, she had been done’.”
Judge Michael Donen said Pienaar was entitled to a certain amount of latitude in describing the confrontation between AfriForum and students on campus during the demonstration.
Denon said the orders AfriForum sought had a “chilling effect” on political free speech.
He said there were no merits in the application for either the mandatory or the interim interdict.
A reasonable reader would read Pienaar’s statement in the context of the events in relation to which they were made, said Denon.
He said AfriForum’s promotion of political confrontation and the follow-up action of its members led to violence erupting on the campus.
“By thrusting themselves into the public eye, and by entering the premises of Stellenbosch University in order to confront student groups with opposing views, AfriForum opened themselves to public scrutiny.
“They must consequently display a greater degree of tolerance to criticism than ordinary individuals,” said Denon.
He said the protection of the dignity of the women violated by AfriForum supporters was of paramount importance under the constitution.
“The comments made by Mr Pienaar were fair within the context of the act described by the witnesses, who deposed two affidavits in support of Mr Pienaar,” said Denon.
“In all the circumstances, the applicants have not established a prima facie right to have Mr Pienaar’s publication taken down from social media, less so have they established a clear right.
“Nor have they established a well-founded apprehension of irreparable harm. The harm which they complain has been done.
"The post has been posted, shared and viewed. The internet world has moved on.”
Pienaar said: “Rape survivors are not second-class citizens who should hide their shame.
"It is a disgrace that AfriForum would adopt this view and only further serves to prove how deeply rape culture is entrenched in their organisation.”