The South African Human Rights Commission (SAHRC) fined Adam Catzavelo for his viral racist remarks, but the shamed businessman is claiming he is broke.
Catzavelo appeared before the Randburg Magistrate on Wednesday on crimen injuria charges.
The SAHRC Gauteng manager, Buang Jones, said his team is considering pushing Catzavelo to settle out of court and pay a fine, but the move has not yet been proposed to the defence team.
But that may prove to be hard as Catzavelo claimed that he was currently experiencing financial difficulties “but this is not corroborated by any form of proof; until there is such proof, we are not willing to accept any settlement proposal from him”.
However, the Economic Freedom Fighters’ spokesperson, Mandisa Mashego, said they were against the out of court settlement because they are pushing for racism to be criminalised.
Mashego said: “Adam Catzavelos’s case is a criminal case, meaning he will face the Equality Court which has its own set of limitations in terms of what it can rule on and the kind of sentencing it can impose.
“But the criminal case, which is what the EFF has pursued, is different because it can convict, (impose) a sentence, and issue a fine. The biggest success for us would be a criminal conviction.”
Jones explained that the two parties were already in agreement, as Catzavelos had admitted that the video was discriminatory and amounted to hate speech.
However, they could not reach an agreement in the amount on damages to be paid.
“They don’t want to pay any damages and our view is that damages serve as a deterrent,” explained Jonas.
The case was postponed to 29 August.
A video of Catzavelo on holiday in Greece uttering the “K” word went viral in August 2018 and angered the nation.
After the video, his family cut him off from the family business. Soon after they dissolved their popular Smokehouse and Grill restaurant, in Braamfontein.
Catzavelo is also set to go back to Greece to also face charges for his use of the “k” word.
According to his lawyer, Catzavelo had received a letter from Greece authorities that he will be facing charges for “intention to publicly – via internet – incite, provoke, excite or [encourage] acts or actions which may cause discrimination, hatred or violence against a person or group; or persons identified by race, colour, religion, genealogy, national or ethnic origin, gender; or threatens the lives or freedom of such persons.”
The date for his trial in Greece has not yet been set.