Adam Catzavelos, identified as the person behind the viral video shared on social media, is likely to be accused in South Africa of being racist.
On Tuesday there was a video of Catzavelos celebrating the absence of black people at what is said to be a Greek holiday destination, where he repeatedly uses the k-word.
If something is going on, Catzavelos – like Penny Sparrow and Vicki Momberg for him – will also face a form of persecution for his alleged racist action.
In 2015 Sparrow made racist remarks about black people on Durban beach. She suffered the humiliation of having a book thrown at her and a criminal verdict for her outburst.
Momberg, a former real estate agent, was sentenced to two years in prison by the court of Randburg for her racist rant against a black policeman. The policeman helped her after an alleged smash-and-grab incident in 2016.
The Catzavelos issue, however, is not as sharp and dry.
On the one hand, Sparrow and Momberg both had a quick prosecution because their literacy had been made in South Africa and the law of the country dictates that they should be held accountable.
Catzavelos, on the other hand, himself noted that he made these racist statements while on holiday in what Greece is thought to be, and the question was whether our courts had any jurisdiction to act on Catzavelos.
In a speech to City Press on Wednesday, expert in the field of social media legislation Emma Sadleir explained that although Catzavelos accused himself while he was abroad, "publication of the recorded content takes place where the content is viewed".
With so many South Africans who have viewed the content in the country, Catzavelos may be charged for the distribution of obscene and racially offensive material.
Lawyer Mdu Madonsela with the Madonsela Mthunzi Inc Lawyers added that it did not matter that Catzavelos was out of the country when he used the k-word or the fact that it would not be a violation in that country.
"What is most important in this case is the domicile of Catzavelos [place of residence]. As much as he is a South African citizen, if his residence in America would be, this would be another scenario, but since he lives in South Africa, the jurisdiction will be in South Africa.
"Even if you look at the word used [the k-word] it has resonance and historical significance specifically in the South African context, "Madonsela said.
The knowledge that Catzavelos may be indicted in South Africa may put some South Africans at ease, because the video is indignant and asks Catzavelos to charge hate speech.
"Some have even picked up the issue in so far as they published Catzavelos home address, ID numbers and other personal information in their pursuit of justice," said Sadleir, who advised South Africans to stop such acts that included Catzavelos & # 39; violate your own law. privacy.
For his actions Catzavelos has since been fired from the family business St George's Fine Foods and a customer of the company has already decided to look for another supplier.
In addition to his misery, the Economic Freedom Fighters in Gauteng, along with Reverend Paseka "Mboro" Motsoeneng, filed a criminal case against Catzavelos on Wednesday at the Bramely police station.
The South African human rights commission also confirmed that it would investigate the incident.