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Settlement agreement: Agrizzi

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Settlement agreement: Agrizzi

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Settlement agreement: Agrizzi

  1. 1. IN THE EQUALITY COURT OF RANDBURG HELD AT RANDBURG Case No: EQ002/19 In the matter between: THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION Applicant and ANGELO AGRIZZI Respondent ___________________________________________________________________ SETTLEMENT AGREEMENT ___________________________________________________________________ INTRODUCTION 1 In March 2019, the Applicant instituted proceedings in terms of section 20 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 ('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 intentionally recorded without the Respondent’s knowledge nor his permission in the privacy of his own residence in an attempt to persuade the Respondent to not whistleblow to the Zondo Commission of Inquiry into State Capture which would expose Bosasa and the Watson family.
  2. 2. 3 At the Directions Hearing in this matter, the above Honourable Court made the 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 dispute by way of a Settlement Agreement, the court would consider making same an order of court. 4 The Respondent opposed the proceedings instituted by the Complainant on 2 May 2019. The basis of the Respondent’s opposition was that it was not the Respondent who published, disseminated, propagated or advocated the hate 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 Respondent availed himself for a meeting at the offices of the Applicant on 13 June 2019, on which date the parties agreed to the terms and conditions set out herein. PRINCIPAL TERMS OF AGREEMENT
  3. 3. 6 The Respondent agrees that the repeated use of the hate speech during a recorded conversation in 2018 constitutes hate speech as defined in section 10(1) of the Equality Act. 7 The Respondent shall issue an unconditional public apology to all South Africans on the date of the court order, which apology shall be – 7.1 published in full on the Applicant's website and social media platforms; and 7.2 communicated by the Respondent to South African media houses at the Randburg Magistrates Court on 27 June 2019. 8 The Respondent shall provide the Applicant with a draft of the apology for pre- approval before the apology is published. 9 The Respondent shall be interdicted and restrained from publishing, propagating, advocating or communicating hate speech as defined in section 10(1) of the Equality Act. 10 The Respondent agrees to pay the amount of R200,000.00 (two hundred thousand rand), to a charitable organisation that promotes social cohesion, non-racialism, social justice and reconciliation in Alexandra, which organisation shall be the Barney Mokgatle Foundation (Registration number 2019/269398/08).
  4. 4. 11 The Applicant shall not actively pursue the reinstatement of any criminal charges against the Respondent, which were provisionally withdrawn on 28 May 2019. GENERAL 12 This agreement shall be made an order of the above Honourable Court. 13 Accordingly, the Respondent accepts, and agrees to be bound by the terms of this agreement, as made an order of court in terms of the draft order attached hereto as annexure "A". 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. 15 No variation, modification or waiver of any provision of this agreement or consent to any departure from this agreement shall be of any force or effect unless reduced to writing and signed by the parties. 16 No failure, delay, relaxation or indulgence by any party in exercising any power or right conferred on such party in terms of this agreement shall operate as a 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.
  5. 5. 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. Dated a signed at JOHANNESBURG on this ______ day of _________________2019. NAME: DESIGNATION: OBO APPLICANT Dated & signed at JOHANNESBURG on this ______ day of _________________2019. NAME: RESPONDENT
  6. 6. IN THE EQUALITY COURT OF RANDBURG HELD AT RANDBURG On Thursday, 27 June 2019 Before the Honourable Magistrate Case No: EQ002/19 In the matter between: THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION Applicant and ANGELO AGRIZZI Respondent ___________________________________________________________________ DRAFT COURT ORDER ___________________________________________________________________ Having heard the parties and considered the matter, it is ordered that: 1 The repeated use of the racial epithet “kaffir” by the Respondent in a conversation in 2018, constitutes hate speech as defined in section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 ('the Equality Act'). 2 The Respondent is ordered to issue an unconditional public apology to all South Africans on the date of this order, which shall be - 2.1 published in full on the Applicant's website and social media platforms;
  7. 7. 2.2 communicated by the Respondent to South African media houses at the Applicant’s chosen venue in Alexandra, north of Johannesburg. 3 The Respondent is interdicted and restrained from publishing, propagating, advocating or communicating hate speech as defined in section 10(1) of the Equality Act. 4 The Respondent is liable for damages in the amount of R200,000.00 (two hundred thousand rand), the payment of which is subject to the following term - 4.1 Payment of the amount of damages will be made on 27 June 2019 to an organisation that promotes social cohesion, non-racialism, social justice and reconciliation in Alexandra, which organisation shall be elected by the Applicant. 5 The settlement agreement between the Applicant and Respondent, attached hereto marked "A", is made an order of this Court. 6 There is no order as to costs. __________________________________ BY ORDER OF COURT CLERK OF THE EQUALITY COURT

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