Johannesburg – The Booysens Magistrate Court has found that TikTok user Njabulo Madlanga engaged in harassment when she made unproven allegations of racism against three young men in videos that went viral on social media.
Njabulo has been ordered to remove the harmful videos from all social media platforms and not to harass the applicants further.
AfriForum’s Private Prosecution Unit, which represents the applicants – 20-year-old Reece Lopes, 20-year-old Milan Kruijer, and 21-year-old Jude Fraser-Grant – said the judgment on Friday made the interim protection order granted on 23 October 2023 a final order of the court.
The unit acted on behalf of the applicants.
The three friends opened a crimen injuria case against Madlanga in August last year after she allegedly made false and damaging allegations of racism against them.
The claims, which the trio deny, were made on social media application, TikTok, where one of the videos has been viewed more than two million times.
Statements filed with the police indicate that the matter started on 6 July 2023, when the trio enjoyed a day out at the Gold Reef City theme park.
While waiting in a queue to get onto one of the rides, Madlanga, who was waiting in the same queue, alleged that the trio had made sounds imitating monkeys.
She took to TikTok where she told her followers in a video, “So, let me tell you something, we in this line yeah, we in a line, in this place, Gold Reef, people will make sound effects here if you are black, I’m just saying, monkey sound effects, so just know that.”
In another TikTok post and acting on requests from her followers to identify the alleged racists, Madlanga posted a video of the three standing in the queue. .
The unit said during interactions with other social media users, Madlanga helped identify Lopes, Kruijer, and Fraser-Grant which led to an onslaught of harassment, abuse, and even death threats.
On Friday, Magistrate George Mapanga said the allegations levelled against the applicants constituted harassment and caused harm.
“The respondent (Madlanga) does not deny that she posted the videos on social media and that they attracted comments which constituted (incitement to) violence,” said Magistrate Mapanga.
“The respondent was asked to take the videos down but she did not do so. The applicants’ identities were revealed on social media where they were alleged to be racist.
“The conduct of the respondent meets the definition of harassment. It was wrong and dangerous to make such claims without offering any proof.”
Barry Bateman, spokesperson for AfriForum said its private prosecution unit will continue to support Lopes, Kruijer, and Fraser-Grant in the criminal case against Madlanga.
“The unit has previously stated publicly that false claims of racism should be dealt with as seriously as bona fide allegations of such discrimination,” said Bateman.
“We are encouraged by the court’s finding that the unproven allegations levelled against the three youngsters constituted harassment and caused them harm.
“We are confident that a criminal court will reach a similar conclusion.”
Bateman said the unit was established to ensure there is equality before the law and to ensure that justice was upheld in all cases.
False allegations of racism should be treated as seriously as true allegations of racism because the social and economic consequences for those falsely accused of such conduct are no different for those genuinely guilty of racism.
Bateman said the National Prosecuting Authority must still decide whether or not to prosecute Madlanga.
He said the unit noted that the TikTok posts in question have already been removed.
