Donaldo v Haripersa (29/05) [2007] ZAEQC 3 (5 January 2007)

Donaldo v Haripersa (29/05) [2007] ZAEQC 3 (5 January 2007)

The court found that the applicant's claim for financial losses related to the aborted study visit and legal expenses was not occasioned by any action of the respondent and was therefore dismissed. The unsubstantiated medical costs were also disallowed. However, the court sustained the applicant's claim for impairment of dignity and emotional and psychological suffering, noting the public nature of the hate speech and its ongoing impact on the applicant. The respondent did not meaningfully dispute the substance of the complaint and abandoned his earlier denial. The court determined that an award of damages was necessary to address the harm suffered and to vindicate the constitutional...

Citation
[2007] ZAEQC 3
Parties
Applicant: H I Donaldo; Respondent: R Haripersa
Court
Equality Court
Jurisdiction
South Africa
Judgment Date
5 January 2007
Case Number
29/05
Procedural Posture
Quantum Ruling / Judgment on Quantum Following Finding of Liability for Hate Speech and Harassment
Outcome
The applicant's claim for impairment of dignity and emotional suffering is upheld; claims for financial loss and legal expenses are dismissed.
Judges
G L Abrahams
Legal Topics
Hate Speech, Harassment, Damages Assessment, Impairment of Dignity, Promotion of Equality and Prevention of Unfair Discrimination Act
Constitutional Law Civil Procedure Hate Speech Harassment Damages Assessment Impairment of Dignity Promotion of Equality and Prevention of Unfair Discrimination Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

H I Donaldo

Applicant

R Haripersa

Respondent

Procedural Posture

Quantum Ruling / Judgment on Quantum Following Finding of Liability for Hate Speech and Harassment

Legal Issues

  1. 1 Whether the complainant is entitled to damages for impairment of dignity, emotional and psychological suffering resulting from hate speech and harassment.
  2. 2 Whether the complainant is entitled to recover financial losses incurred in anticipation of a study visit and legal expenses.
  3. 3 What quantum of damages is appropriate under section 21(2)(d) of the Promotion of Equality and Prevention of Unfair Discrimination Act.

Ratio Decidendi

The court found that the applicant's claim for financial losses related to the aborted study visit and legal expenses was not occasioned by any action of the respondent and was therefore dismissed. The unsubstantiated medical costs were also disallowed. However, the court sustained the applicant's claim for impairment of dignity and emotional and psychological suffering, noting the public nature of the hate speech and its ongoing impact on the applicant. The respondent did not meaningfully dispute the substance of the complaint and abandoned his earlier denial. The court determined that an award of damages was necessary to address the harm suffered and to vindicate the constitutional...

Court Disposition

The applicant's claim for impairment of dignity and emotional suffering is upheld; claims for financial loss and legal expenses are dismissed.

Orders

  • Respondent is ordered to make a written apology to the applicant, admitting the use of the words "Kaffir Bitch", retracting them, and apologising unconditionally. This must be forwarded to the Clerk of Court within 21 days, failing which contempt proceedings may be initiated.
  • Respondent is ordered to pay damages of R10,000 to the applicant, in ten monthly instalments of R1,000 each, payable to the Clerk of the Equality Court, Durban. Failure to pay will result in a civil judgment being noted against the respondent without notice.