AfriForum goes beyond court after TikTok ‘racism’ post

A social media post about alleged racism led to a counter-claim of false racism and sparked interesting debates across South Africa.

“Being called a racist in South Africa is possibly the worst label that can be attributed to a person.” This is according to Advocate Gerrie Nel, head of AfriForum’s Private Prosecution Unit.

The organisation has launched a platform to enable people falsely accused of racism or those who are victims of racism to seek AfriForum’s help.

In an Afrikaans video released today, Nel places the spotlight on the immediate consequences faced by victims of false racism claims.

According to Nel, those wrongly accused are often rejected by their community, which leaves them feeling isolated. In extreme cases, they may receive death threats.

AfriForum’s video coincides with today’s developments in the controversial harassment court case against TikTok user Njabulo Madlanga (21), who remains adamant that she was the victim of racism.

A month ago, Caxton reported that Madlanga took to TikTok to accuse three young South Africans of having made monkey noises in her presence, while they were all in a queue at Johannesburg-theme park Gold Reef City. The three, Milan Kruijer (20), Reece Lopes (20) and Jude Fraser-Grant (21), became aware of the allegations upon receiving various threats via social media.


Racism is wrong. False racism allegations are wrong. Stop perpetuating an “us v them” mentality. Influencers take not note of what the law prohibits…#racism #goldreef #afriforum

♬ original sound – helene_viljoen_inc

In this video, social media law attorney Helene Viljoen details some of the threats they had received.

With the help of AfriForum’s Private Prosecution Unit, the three obtained an interim protection order against Madlanga. The Booysen’s Magistrate’s Court found that she had been harassing them, and had to stop doing so. The court also forbade her from mentioning them on social media. Meanwhile, charges of crimen injuria and criminal defamation were laid against Madlanga with the police. The case is still being investigated.

Today, Madlanga and her legal team attended the Booysens Magistrate’s Court where it was confirmed that she would oppose the issuing of a final order against her.

Tumi Sole, who supports Madlanga, posted on social media that her legal team includes heavyweight advocate Ben Winks, who specialises in media, constitutional and international law.

Madlanga will need to file an affidavit setting out why the interim order should not be made permanent. The parties will meet again in court as a hearing is expected in February.

Rupert Candy of Rupert Candy Attorneys, the firm representing Madlanga, confirmed the next steps in the matter – Madlanga’s filing of an affidavit, followed by another affidavit by the complainants – and said that the merits of the case will be dealt with in court.

Barry Bateman, spokesperson of AfriForum’s Private Prosecution Unit, confirmed that the parties agreed on the February postponement, and explained that the interim order remains in effect in the meantime.

This is a developing story and Caxton Local Media will provide updates as more information becomes available.

*This article was amended to include comment from Rupert Candy attorneys. 

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