Adam Catzavelos case tests jurisdiction of courts over cybercrimes committed abroad

Published May 29, 2019

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Johannesburg - The Adam Catzavelos case is set to test the jurisdiction of South African courts over cybercrimes committed abroad.

Catzavelos was in Greece on holiday in August last year when he filmed himself uttering the k-word. The offensive video was widely shared in South Africa. On Tuesday, he made his first appearance at the Randburg Magistrate’s Court on crimen injuria charges.

Legal expert Ulrich Roux said that in terms of law, wherever an alleged crime happened was the place that had jurisdiction for the matter to be heard.

“Obviously this alleged crime was committed in Greece, and theoretically, the matter should be prosecuted there. But they don’t regard that word as being an offence or offensive, so they can’t prosecute it there,” he said.

“It is only in South Africa where the use of the k-word can be regarded as a crime, and because of the fact that it was shared here, an exception to that rule can be made,” he said.

Added to this was the fact that Catzavelos didn’t direct his rant at any particular individual. “If the State charges him with crimen injuria, there would have to be one person who is a complainant in the matter,” Roux said.

The EFF in Gauteng had opened a crimen injuria case against the businessman, while the SA Human Rights Commission (SAHRC) approached the Equality Court.

But Verlie Oosthuizen, the head of social media at the law firm Shepstone and Wylie, disagrees with Roux.

“If the video was transmitted to people in South Africa by Catzavelos purposefully, that may be a factor in deciding the jurisdictional issue. I am certain that there will be extensive legal argument on the issue,” she said.

She said the word “k****r” was known globally as a derogatory term and she would be surprised if there was a real effort to argue that it was not viewed as derogatory in Greece.

“Although certain terms are used more often in particular countries and may not be considered to be insulting, it is very unlikely that the term he used would ever be viewed as anything less than pejorative,” said Oosthuizen.

The National Prosecuting Authority’s spokesperson, Phindi Mjonondwane, said the aspect of jurisdiction would be unpacked in court.

On Tuesday, the SAHRC’s spokesperson, Buang Jones, said: “We are asking that the court should declare the utterances made by Mr Catzavelos as hate speech. We are also asking for the court to fine him.”

Prosecutor Dinesh Nandkisoor asked the court to postpone the matter to next month to allow Catzavelos to appoint an attorney.

The Star

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