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The Gauteng High Court in Johannesburg has granted the Clicks retailer an injunction against the EFF.
According to the injunction, the EFF or its supporters cannot intimidate or threaten Clicks employees who work in its stores or in any of its operations; intimidate and threaten Clicks customers who visit its stores, or incite violence against Clicks’ ordinary business operations.
READ | Hair announcement: Clicks CEO apologizes and suspends employees, but EFF shutdown continues
Since Monday, the EFF had targeted Clicks stores across the country to protest a hair ad that described the two black women’s hair as “dry and damaged” and “frizzy and dull,” while the White women’s hair description was “fine and flat” and “normal.”
Clicks said that 425 stores had been affected by protests across the country and that it was too early to assess the nature of the damage caused by the vandalism, with some stores bombarded with gasoline or set on fire.
The deliberations before acting judge Norman Manoim continued after midnight. The sentence was handed down on Tuesday morning.
The EFF in a statement said it took note of the ruling, saying the court “reaffirmed the EFF’s right to a peaceful and just protest.”
The party denied having been involved in acts of violence or intimidation.
‘EFF has protested peacefully’
“The Superior Court resolved to intercept acts of intimidation and violence against Clicks employees, clients and commercial operations. The EFF would like to categorically declare that we have not participated in or commissioned any type of violence against Clicks employees, clients or commercial operations,”, EFF spokesman Vuyani Pambo said.
BREACH of Superior Court rulings in favor of Clicks against EFF. Members may not intimidate or threaten employees or customers or incite violence. (But it doesn’t say they can’t protest.) pic.twitter.com/5L6Q7mmtm1
– Mandy Wiener (@MandyWiener) September 8, 2020
“The actions of the EFF have been characterized by peaceful protests in all media, and expressing dissatisfaction with the violence of racism in the form of a picket does not constitute violence.”
This echoes comments made to News24 by EFF President Veronica Mente, who on Monday blamed a “third force” disguised as EFF ground forces for destabilizing the party’s anti-racism program.
He came to describe this “third force” as “non-whites who see blacks as lazy.”
‘Insensitive, offensive’
Clicks Group CEO Vikesh Ramsunder apologized Sunday for the “insensitive and offensive” ad posted on his website.
Ramsunder said he was “deeply disappointed that we allowed insensitive and offensive images to be posted on our website.”
“I apologize unreservedly for the pain and anger these images have caused. The emotional responses from our customers have been reflected by our employees and management teams. And although the images and content were provided to us by our vendor, Tresemmé, this do not absolve us of guilt.
“That is why we take responsibility for this error in judgment by issuing a public apology and promptly removing offensive material from our website.
“The negligent employees have already been suspended and we have hired the supplier, who has now also issued an apology,” Ramsunder said.
Clicks’ initial request for an injunction against the protests was dismissed with costs on Monday.
Protests to continue
However, the latest ruling does not prevent the EFF from making further protests, as long as it is peaceful and does not intimidate or threaten employees or customers.
The party has promised to continue its protest action.
Attack Fighters Attack, no retreat, no surrender
– Marshall Dlamini (@DlaminiMarshall) September 8, 2020
“We will continue to protest across Clicks media until September 11. This is to ensure that Clicks, which values earnings above the dignity of blacks in this country, feels the consequences of undermining the identity of blacks and presenting whiteness as the standard of beauty. It should be clear to Clicks that the court has not declared the protest illegal and, consequently, legal and peaceful protests continue until Friday, “the party said.
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