Penny Sparrow to pay R150,000 for racist Facebook rant

Equality Court magistrate Irfaan Khalil ruled on Friday that Sparrow will have to pay R150,000 to the Oliver and Adelaide Tambo Trust to atone for her January 3 posting where she likened black people to monkeys.

Sparrow, who failed to pitch at the Equality Court sitting, will also have to pay for the legal fees of the African National Congress (ANC), who lodged the complaint with the Equality Court on January 29.

She has 60 days to pay the money.

Khalil also interdicted her from propagating any racist comments in future.

He also ordered that the matter be submitted to the Director for Public Prosecutions to determine whether there could also be a criminal prosecution.

"It has become time for the courts to act more decisively," said Khalil. "Conduct such as that of the respondent has the potential to ignite conflict."

He said that Sparrow should have known that her comments posted on Facebook would be widely distributed causing anger and pain.

"The words published by the respondent are highly inflammatory."

He said that Sparrow's right to freedom of expression did not trump hate speech.

Khalil said that Sparrow had had more than four months to apologise for the remarks, but had failed to do so. He said her avoidance of having court papers served on her and her failure to turn up in court added insult to the injury caused by her remarks.

The court was filled with media and when Khalil walked out of the Scottburgh court room, it erupted in applause.

But while Sparrow failed to turn up for court proceedings, her daughter Charmaine Cowrie appeared asking for a postponement.

She told Khalil that her mother was not able to come to court because she was suffering from diabetes.

"She's not present. She's sick at the moment. She's got diabetes."

Cowrie said that her mother did not know what to do and that she was unable to get legal representation.

"No one would represent her," said Cowrie, asking for a postponement.

Cowrie said she had come to court because she had received a call from a police officer telling her that an arrest warrant would be issued if she did not attend.

Advocate Denzil Potgieter, who was arguing for the ANC, said that numerous efforts had been made to locate Sparrow.

He argued that the embattled estate agent had made a determined effort to avoid having legal papers served on her.

"There is no basis why this matter should be delayed any further," he said.

After hearing evidence at how many attempts had been made to serve papers on her, Khalil ruled that the proceedings should proceed.

Sparrow's daughter left half way through the proceedings.

The ANC's KwaZulu-Natal provincial secretary, Super Zuma, welcomed the award, saying that it would deter others from such behaviour.

"We think it sends a very clear message. Those who make racist remarks won't get away with it," he said.