Legal experts said that crimen injuria, a crime that Adam Catzavelos (39) probably committed, can be difficult to prosecute while he was committed in a foreign country that does not consider the use of the k-word as a crime.
The use of the word remains a crime in South Africa and former broker Vicki Momberg became the first citizen to be convicted this year for using racist lies.
Lawyer Zola Majavu said it would take a long time to prosecute Catzavelos. "The crime is committed in a foreign country, so you can not prosecute him in South Africa, unless what he has done is also a violation where he recorded the video, then you can have him delivered. prosecuted where you commit the offense, "Majavu said.
He added that although the video of Catzavelos circulated on social media, the state had to determine the exact original location of the offender at the time of distribution.
"If he has posted the video (directly to Twitter) in South Africa, he can be charged in terms of the Electronic Communications Act, even if he made the video in South Africa and then distributed it abroad "Majavu said.
Catzavelos was supposed to be in Greece when he recorded the video that went viral and spread the leaked video among his friends.
A lawyer working for an NGO organization said: "The use of the k-word is a crimen injuria crime in SA, but it does not necessarily mean that it can invoke extraterritorial jurisdiction because it only applies to crimes such as genocide war crimes and crimes against humanity It is very possible that he will get away with this unless there is a loophole somewhere, "said the lawyer.
Catzavelos would have recorded his 22-second video during a holiday in Europe. It shows him how he panning a camera around the beach and appreciates the fact that there was "no f ***** g k ***** s to see".
It caused outrage on Twitter on Tuesday night and continued to evolve yesterday afternoon. Cases of crimen injuria and hateful statements were opened against him yesterday by various organizations and individuals.
His business partners, including family members, with whom he cooperated with five companies, were disgusted at his racist behavior and distanced himself from him.
The National Public Prosecutor (NPA) said it was too early to prosecute him because they had not yet received police docks.
"A role must first be opened by the police and then given to us to study and study all the evidence in it.In this phase where we do not occur, the police will first have to investigate the case," said NPA spokesman Luvuyo Mfaku .
AfriForum CEO Kallie Kriel said they would sue Catzavelos if the NPA dragged his feet. "We condemn any form of racism and if the state fails to prosecute, we will be happy to deal with the case," Kriel said.
SA Spokesman for Human Rights Commission Gushwell Brooks said the organization would investigate the case.
"We have received no complaints, but our office in Gauteng and legal services will open our own research, social media has made racism public and visible," added Brooks.
By yesterday morning, several companies had separated from Catzavelos's family business franchises, BBQ King Distribution, St George's Fine Foods and The Smokehouse and Grill.
Societies, representing people of Greek descent in South Africa, also distanced themselves from him. The last nail in the Catzavelos coffin was hammered by his own family who issued a statement announcing that he had been fired from the family business.
While the outrage hovered over the video, Nike, the employer of Catzavelos' wife, also temporarily closed her stores yesterday.
In a short message, Nike said, "Our team is aware of this incident.This person is not a Nike employee, but it sounds like they are related, and it is still a serious problem that will be solved at the end of the study. examined. "