Court orders ‘unrepentant’ man to pay R500 000 for using the K-word

The Johannesburg High Court has ruled in favour of complainants who reported a business partner for the repeated use of a racial slur.

Caleo Capital executives Garth Wellman and Emmanuel Amaning won their case against former business associate, Willem Ackerman.

A third complainant and fellow Caleo Capital executive, Nicholas Liebmann, withdrew his complaint after alleging that Ackerman had made antisemitic remarks about his business motives.

As per the court judgement handed down on 10 May, and seen by The Citizen, Wellman observed three incidents of racism spanning 45 months between January 2018 and October 2021.

Amaning did not experience the racist incidents first-hand but was shown the messages after overhearing a conversation between Wellman and Liebmann in mid-October 2022.

ALSO READ: Curro’s racist incidents ‘can’t be ignored’ – psychologist

The three complainants were revealed by the court documents to have been involved in a separate case of litigation against Ackerman.

The defendant claimed in court that the complainant’s case was motivated by the desire to defame him in an attempt to halt pending litigation between the parties.

Defendant denied racist motivations

Ackerman denied using any slurs, except after an incident where his family were robbed at their home in August 2019 . He admitted to using the ‘k-word’, but says he did so as a synonym for ‘disbeliever’.

The court heard a message to Liebmann, where Wellman says, “Feel for him but this is not an out of character break out. This is who he is. I am really finding it hard to have this caliber of human as my shareholder. He is governed purely by his emotions “

Business dealings continued between Wellman and Ackerman after the first use of the ‘k-word’, with Wellman stating how after the incident in January 2018 he still requested a loan from Ackerman.

Judge considered defence ‘convoluted’

Citing 24 points relating to the defence of private communication, Judge Gregory Wright weighed up the defendant’s testimony.

Judge Wright declared that Ackerman’s words constituted unlawful hate speech and amounted to discrimination toward people of colour.

ALSO READ: ‘Complaints shoved under the carpet’: Pupils accuse Pietermaritzburg school of racial discrimination

The judge ruled that the messages to Wellman met the definition of unlawful harassment of Mr Wellman as it invited him to enjoy or endorse the words, creating a hostile or intimidating environment.

“In my view, the sum of R500 000 is fair, to the limited extent that money may right the wrongs of this case. Mr Ackerman is a relatively wealthy man who is unrepentant. This case is about equality and dignity, not money.”

“Mr Amaning and Mr Wellman were put through the ordeal of an unpleasant hearing when all they sought originally was an apology and a recognition by Mr Ackerman of wrongdoing. A long, convoluted and dishonest defence was put up.”

ALSO READ: Racism remains SA’s most stubborn problem, as SAHRC sees spike in complaints

When initiating the case, Wellman, Liebmann and Amaning initially sought for the court to force Ackerman to pay R500 000 to the Ahmed Kathrada Foundation, which the judge granted.

Additionally, Ackerman must pay the legal costs of the complainants, issue a public apology within five days of the ruling and undergo fifty hours of racial sensitisation training.