What was supposed to be a fun day at Gold Reef City turned into a nightmare for three young people when a TikTok video, claiming that they were racists, went viral.

It led to death threats and, at one stage, they had to leave South Africa to escape the social media tsunami that had hit them. Yesterday morning, with the support of Advocate Gerrie Nel, head of AfriForum’s Private Prosecution Unit and his team, additional affidavits to bolster a case against the young female law student, Njabulo Madlanga, who posted the videos, were filed at the Booysens Police Station in Johannesburg.

A case was previously opened but closed by the police as ‘undetected’.

Milan Kruijer (20) and a close friend, Reece Lopes (20) – accompanied by their parents and members of the AfriForum unit – requested the Booysens police to investigate crimen injuria (unlawful and intentional impairing of another’s dignity) and criminal defamation (the unlawful and intentional publication of matter concerning another which tends to injure reputation). Jude Fraser-Grant (21), who is overseas, was not present.

Threats and interim protection order

This comes after the Booysens Magistrate’s Court on Monday granted an interim protection order against Madlanga. It was found that there was prima facie evidence that she had indeed harassed the victims. She was ordered not to do so again, and may not enlist others to harass them either. The court order forbade her from mentioning them on social media.

A warrant was issued for her arrest, but it was suspended on condition that she comply with Monday’s order, and attend the court proceedings on November 20 to argue why the interim order should not be made final.

The incident that sparked the process happened on July 6 when Kruijer, Fraser-Grant and Lopes were queueing to board the Storm Chaser ride at the fun park. According to affidavits by the three, they noticed three women staring at them, but did not think much of it.

They continued their day without any further incident. In her affidavit, Fraser-Grant states: “I had a really fun day with my friends at Gold Reef City and had only good memories of that day.”

The following Sunday and Monday, the three received threatening messages on social media, explains Kruijer in his affidavit: “The messages were of an intimidating nature. I was being accused of being a racist… I was also threatened to be killed and hurt.”

In Lopes’ affidavit, he states: “We received multiple messages on Instagram, telling us to ‘kill ourselves’ and we’re racists.”

The three youngsters were confused and had no idea why anyone would call them racist, much less threaten them with murder.

Lopes states: “After Jude questioned a person who sent horrific messages, we were advised that we   were going ‘viral’ on TikTok.” Soon after, they learnt that a video accusing them of racism was spreading like wildfire.

In the video, Madlanga filmed herself saying: “So, let me tell you something, we in this line yeah, we in a line, in this place, and… Gold Reef… people will make sound effects if you are black, I’m just saying, monkey sound effects, so just know that”. Fraser-Grant, Lopes and Kruijer can be briefly seen in the background.

@nj_madlanga

In gold reef and white people are calling us monkeys #goldreefcity #racism

♬ original sound – Nj

The video trended soon afterwards and one comment suggested: “If you have a video of them, please post so that black people can deal with them accordingly. They f….d around and so now it’s time for them to find out.”

Madlanga subsequently shared another video of the three, which shows Lopes chewing something, Fraser-Grant handling her phone, and Kruijer looking off into the distance. In a third video, she posted a link to an interview that Lopes did on his foreign exchange trading business.

@nj_madlanga

Replying to @Tawana the girl im white, the guy in green and the guy in red. Hope you can see them.

♬ original sound – Nj

Continued threats on social media were made against the three and, on August 1, Kruijer and Fraser-Grant went to the Umhlali Police Station in KZN, where they live, to open a case. They claim the police weren’t helpful and told them to ‘go open the case in Johannesburg somewhere near Gold Reef City’. Kruijer’s father tried to convince the police to take their statements and it was only once they were leaving the station that a policeman called them back and assisted them.

By the end of August, the videos had been viewed almost three million times.

When they received no feedback from the Umhlali Police Station, a legal consultant helped the group with the legal process and contacted AfriForum for assistance.

It has been confirmed that no racism complaints were laid at Gold Reef City on the day, nor the days after the incident.

In all their affidavits, the three friends state: “When my name is Googled, people believe that I am a racist and nobody wants to work with a racist or provide employment to a racist person. Furthermore, educational institutions such as colleges and universities also do not want to be associated with people and/or students who are racists.”

They state that by posting these videos, Madlanga has compromised their prospects of further studies and negatively affected their rights to freedom of trade, occupation and profession.

Fraser-Grant believes that Madlanga initiated a witch-hunt on social media against them and says that she feels completely vulnerable due to the invasion of her privacy. Lopes says that he feels like a target to the majority race in his own country. He says he constantly watches his back, which causes heightened anxiety. Kruijer is worried his life will never be normal again: “To feel like this in my own country is not right and is causing me a huge amount of mental anguish and distress.”

Madlanga caught unawares

This morning, Madlanga confirmed the incident at Gold Reef City and said: “I had an interaction with some people on TikTok.”

She claimed she was unaware of the protection order against her or any criminal charges. When informed that a protection order was granted, she said: “Granted for what? I don’t know about it.”

She then commented: “What is this call in regards to? I’ve never heard of this stuff; I didn’t post anything else and that is what happened on the day.”

Madlanga added that she didn’t want to answer any further questions, nor confirm whether she had additional proof of the allegations made in the video, and put the phone down.

Treat false accusations seriously

Nel commended Kruijer, Fraser-Grant and Lopes for pursuing justice in this matter and explained why AfriForum decided to get involved: “We view racism as very serious, but so is the opposite of it.”

He elaborates that while racism cases may justifiably destroy lives, false allegations unfairly destroy them.

Nel says false allegations are easy to make, but that it is almost impossible for ‘perpetrators’ to defend themselves.

AfriForum’s private prosecuting unit is rooted in equality before the law, which is the most important principle of the law, he says. “Society will be up in arms about any allegations of racism and it will get the attention of all the authorities, but false racism claims are brushed aside.”

Nel believes that there should not be selective prosecution.

He explains that AfriForum hopes the police will now investigate the matter as the additional affidavits and documents have been filed with them.

Once the docket is presented to the National Prosecuting Authority (NPA), a decision will be made on whether prosecution will continue.

However, he says that if the NPA decides not to prosecute, AfriForum may continue with private prosecution.

Watch: Advocate Gerrie Nel explains what the possible outcomes are after a criminal case has been opened