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HELD AT RANDBURG
and
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SETTLEMENT AGREEMENT
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INTRODUCTION
('the Equality Act') against the Respondent for the use of the word “kaffir” in a
recorded conversation.
2 The basis of the application was that the Respondent had communicated hate
speech as defined in section 10(1) of the Equality Act, by his repeated use of
the word “kaffir” during a recorded conversation with Lindsay Roth and Jarrod
Watson in 2018, which Lindsay Roth and Jarrod Watson unlawfully and
to not whistleblow to the Zondo Commission of Inquiry into State Capture which
following directives;
3.1 That the parties attempt to resolve the matter amicably; and
3.2 That the parties attend to the above Honourable Court on 27 June 2019,
for a further Directions Hearing, and should the parties have settled the
May 2019. The basis of the Respondent’s opposition was that it was not the
speech in the unlawful recording made by Lindsay Roth and Jarrod Watson.
5 The Parties were desirous of settling the matter on an amicable basis and the
June 2019, on which date the parties agreed to the terms and conditions set
out herein.
7.1 published in full on the Applicant's website and social media platforms;
and
8 The Respondent shall provide the Applicant with a draft of the apology for pre-
2019/269398/08).
11 The Applicant shall not actively pursue the reinstatement of any criminal
May 2019.
GENERAL
this agreement, as made an order of court in terms of the draft order attached
14 This agreement constitutes the entire agreement between the parties and any
provisions not contained herein shall not be of any force or effect between the
parties.
consent to any departure from this agreement shall be of any force or effect
waiver of such right, nor shall any single or partial exercise of any such power
or right preclude any other or further exercises of that power or right in terms of
this agreement.
17 No party may cede any of its rights or delegate or assign any of its obligations
in terms of this agreement without the prior written consent of the other party.
NAME:
DESIGNATION:
OBO APPLICANT
NAME:
RESPONDENT
IN THE EQUALITY COURT OF RANDBURG
HELD AT RANDBURG
and
Having heard the parties and considered the matter, it is ordered that:
2.1 published in full on the Applicant's website and social media platforms;
2.2 communicated by the Respondent to South African media houses at the
Equality Act.
hundred thousand rand), the payment of which is subject to the following term
the Applicant.
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BY ORDER OF COURT
CLERK OF THE EQUALITY COURT