- On Monday, the High Court dismissed Clicks' first bid to interdict the EFF's protest action outside its stores.
- Later in the evening, the retailer launched a second bid which was successful.
- Several Clicks stores and goods were damaged on Monday as EFF members forced the closure of many outlets across the country.
The Gauteng High Court in Johannesburg has granted retailer Clicks an interdict against the EFF.
According to the interdict, the EFF or its supporters may not intimidate and threaten employees of Clicks working at its shops or any of its operations; intimidate and threaten Clicks' customers visiting its shops, or incite violence against the ordinary commercial operations of Clicks.
The EFF had, since Monday, targeted Clicks stores nationwide in protest over a hair advertisement that described the hair of the two black women in it as "dry and damaged" and "frizzy and dull", while the description for the white women's hair was "fine and flat" and "normal".
Clicks said 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 vandalism, with some stores petrol bombed or set alight.
Deliberations before acting judge Norman Manoim went on past midnight. The judgment was delivered on Tuesday morning.
The EFF in a statement said it noted the judgment, saying that the court "reaffirmed the EFF's right to peaceful and just protest".
The party denied that it was ever involved in any acts of violence or intimidation.
'EFF has protested peacefully'
"The High Court resolved to interdict acts of intimidation and violence against employees, customers and the commercial operations of Clicks. The EFF would like to categorically state that we have not engaged in or commissioned any violence against employees, customers or commercial operations of Clicks," EFF spokesperson Vuyani Pambo said.
BREAKING High Court rules in favour of Clicks against EFF. Members can not intimidate or threaten employees or customers or incite violence. (But does not say they can't protest). pic.twitter.com/5L6Q7mmtm1
— Mandy Wiener (@MandyWiener) September 8, 2020
"The actions of the EFF have been characterised by peaceful protest across all outlets, and to voice dissatisfaction of the violence of racism in the form of a picket does not constitute violence."
This echoes comments made to News24 by EFF chairperson Veronica Mente, who on Monday blamed a "third force" masquerading as EFF ground forces for destabilising the party's anti-racism programme.
She went as far as describing this "third force", as "non-whites who view black people as lazy".
'Insensitive, offensive'
Clicks Group CEO Vikesh Ramsunder on Sunday apologised for the "insensitive and offensive" advertisement published on its website.
Ramsunder said he was "deeply disappointed that we allowed insensitive and offensive images to be published on our website".
"I apologise unreservedly for the hurt and anger these images have caused. The emotive responses of our customers have been mirrored by our employees and management teams. And, whilst the images and content were provided to us by our supplier, Tresemmé, this does not absolve us from blame.
"This is why we took accountability for this error of judgement by issuing a public apology and swiftly removing the offensive material from our website.
"Already, the negligent employees have been suspended, and we have engaged the supplier, who has now also issued an apology," Ramsunder said.
Clicks' initial application for an interdict against the protests was dismissed with costs on Monday.
Protests to continue
The latest ruling does not, however, prevent the EFF from further protests, as long as it is peaceful and does not intimidate or threaten employees or customers.
The party has vowed to continue its protest action.
Attack Fighters Attack, No retreat No surrender
— Marshall Dlamini (@DlaminiMarshall) September 8, 2020
"We will continue to protest across all Clicks outlets until 11 September. This is to ensure that Clicks, which values profits over the dignity of black people in this country, feels the consequences of undermining the identity of black people, and presenting whiteness as the standard for beauty. It should be clear to Clicks that the court has not declared the protest illegal and accordingly, the lawful and peaceful protests continue until Friday," the party said.
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