Home Contact Us Maps Links The Constitution Marikana
| More

Court orders Free State pub owner to pay R80, 000 for using K-word

19th May 2015

The South African Human Rights Commission (Commission) welcomes the Bloemfontein Equality Court judgment wherein Mr Patrick Prior, a pub and grill owner was ordered to pay R80 000 for calling Mr Gilbert Makanda, a Zimbabwean national and a lecturer at the Central University of Technology, using the k-word.

Mr Makanda complained to the Commission in August 2014 that actions by Mr Prior violated his constitutional right to Equality (the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000) when he used racial slur towards him. Mr Makanda had misguidedly went to a bathroom designated for female patrons as he could not read the signage written in Afrikaans

The Commission instituted the matter in the Equality Court on 6 March 2015. Judgment was delivered on 20 April 2015 after Mr Prior failed to appear in court.

The Commission is adamant that the judgment is in line with the objects of the Equality Act which provide remedies for victims of unfair discrimination, hate speech and harassment and persons whose right to equality has been infringed. The equality provision in section 9(3) of the Constitution includes a clear prohibition on discrimination based on race, ethnic or social origin and colour. The Complainant made an honest mistake by using toilets designated for female patrons at the Pub and Grill and the actions taken by Mr Patrick Prior were both extreme and discriminatory in nature.

Mr Prior was ordered by the court to make a written public apology to Mr Makanda. The apology should also be published by no later than 22 may 2015 on Bloemfontein based Newspapers publications in both English and Afrikaans.

Mr Prior Makanda will choose a charity organisation to donate the money.

Isaac Mangena
071 884 8273

For comments email info@sahrc.org.za [Back]

- See more at: http://www.justice.gov.za/legislation/constitution/index.html#sthash.vQme5ODl.dpuf

The South African Constitution

The Commission is available on social media

SAHRC TWITTER.jpg One.jpg @SAHRCommission

Facebook-Icon.jpg SA Human Rights Commission

YOU1.png SAHRC 1

To lodge a human rights violation complaint, click here.

or Call 011 877 3600
e-mail: complaints@sahrc.org.za

Provincial contact details are available here


PAIA section 14 Manual.jpg


SAHRC launches investigation into allegations of racism at University of the Free State
SAHRC finalizing report on complaints against King Goodwill Zwelithini
SAHRC response to ANC petition on racism
International Disability Day – SAHRC calls for employers to do more
SAHRC welcomes Supreme Court judgment on the delivery of textbooks in Limpopo


Pfanelo January Edition

Upcoming Events

  • 20 year Anniversary Celebration


Report any fraudulent and/or unethical behavior taking place in the Commission anonymously to the SAHRC Tip-offs Line.

FreeCall: 0800 222 365
Email: sahrc@tip-offs.com
FreeFax: 0800 00 77 88
FreePost: KZN 138, Umhlanga Rocks 4320
Website: www.tip-offs.com

Independently managed by the Office of the Public Service Commission.


SAHRC Programmes

Since its establishment, the SAHRC has dedicated itself to:
•  Raising awareness;
•  Monitoring and assessment;
•  Education and training
•  Addressing human rights violations

How can the SAHRC help?

The SAHRC promotes, protects and monitors human rights in South Africa. It also has a specific responsibility to promote and monitor the implemen-
tation of PAIA.


08 March – International Women’s Day
21 March - Human Rights Day
27 April – Freedom day
1 May - Workers day
03 May – World Press Freedom Day

[See more]