K-WORD: Private conversation is no shield for racist language such

The Supreme Court of Appeal has made an important ruling on racist language used in private, finding that even conversations between white people can amount to hate speech. As such, it upheld a R500,000 order against a businessman over his repeated use of the k-word. By Nonkululeko Njilo 8 Oct 2026 Illustrative ( ( ( In a judgment on Wednesday, 7 October 2026, the court dismissed an appeal by businessman Willem Hendrik Ackerman, upholding a finding that his repeated use of the k-word in conversations with another white man amounted to unlawful hate speech.

The judgment relates to three communications made by Ackerman between January 2018 and October 2021 and dealt with whether the statements constituted hate speech under the Promotion of Equality and Prevention of Unfair Discrimination Act, as well as whether Ackerman could rely on his constitutional rights to privacy and freedom of expression. Ackerman, a white South African, was a former client of Caleo Capital, an investment management business owned by Emmanuel Amaning, a black African, and Garth Wellman, a white South African. The business provided investment management services to Ackerman from 2008 until 2022.

In January 2018, while Ackerman and Wellman were discussing Ackerman’s investment portfolio, Ackerman referred to black people running the country using the k-word. The words that landed Ackerman in court On 3 October that year, while discussing Nicholas Liebmann, a white South African of Jewish descent and another Caleo partner, Ackerman referred to him as “that f***ing Jew who only wants to enrich himself in every deal”. Then, on 23 August 2019, Ackerman sent Wellman a WhatsApp message following a robbery at his home.

The message read: “Garth, after today I might be seen as a racist, but I will man alone kill every k****r that cross my path. So God help me.” That statement, the court found, expresses “homicidal contempt”, and “it is not limited to the perpetrators of the robbery, and is framed in a manner that unequivocally indicates that the scope of the invective extends far beyond them.” The robbery had taken place earlier that day in the presence of Ackerman’s wife, daughter and domestic worker. Wellman said he had contacted Ackerman to offer his support.

On the following day, the two exchanged further messages and telephone calls, with Wellman advising Ackerman to avoid posting messages about the robbery on social media. Wellman and Liebmann later discussed their concerns about Ackerman’s racist views and the possible impact of his relationship with Caleo on the company’s culture.

In October 2021, Wellman called Ackerman to discuss the potential impact of a National Union of Metalworkers of South Africa strike on Ackerman’s business. During the conversation, Ackerman said: “my k*****s know their place”.

The three communications formed the basis of the hate speech, which then prompted Amaning, Wellman and Liebmann to approach the Equality Court in 2023. VICTORY FOR UNITY The flag of hate is lowered August 22, 2019 When does a private conversation stop being private?

Ackerman initially disputed the allegations and challenged the reliability of the electronic communications, particularly the 2019 WhatsApp message. He also argued that the communications were private and therefore protected by the constitutional rights to privacy and freedom of expression.

Ackerman further testified that he had used the k-word in the 2019 message as a religious term referring to a non-believer rather than as a racial slur. The Equality Court rejected these defences and found that the three communications amounted to hate speech against black people, including Amaning.

“It also found that the statements caused harassment to Mr Wellman. This is because by virtue of the statements, Mr Wellman was invited to participate, agree with and enjoy the content of the impugned communications,” reads the judgment.

The Equality Court had at the time ordered Ackerman to pay R500,000 to the Ahmed Kathrada Foundation, make a public apology to Amaning and Wellman, undergo 50 hours of racial sensitisation training and pay their legal costs on an attorney-and-client scale. Ackerman appealed to the SCA against the decision.

The k-word ‘inescapably’ carries racist meaning In a unanimous judgment, Judge of Appeal Nambitha Dambuza said the case concerned whether the statements constituted hate speech and whether the remedies imposed by the Equality Court were appropriate. ( dailymaverick.co.za/i/oaNhaq7qaNem9qzUGBk0xtS0o5Q=/200×100/smart/filters:strip_exif/file/attachments/orphans/JudgeNambithaDambuza8_800867.jpg 200w, https://cdn.dailymaverick.co.za/i/tt7fJAht7S76Vc2FYTLEN65dMUA=/450×0/smart/file/attachments/orphans/JudgeNambithaDambuza8_800867.jpg 450w, https://cdn.dailymaverick.co.za/i/IU4CIZqAFvZ8EYbRJhF3UWdEeXc=/800×0/smart/filters:strip_exif/file/attachments/orphans/JudgeNambithaDambuza8_800867.jpg 800w, https://cdn.dailymaverick.co.za/i/PR0T9xiVFHpV5DOI80h4R3Wzitg=/1200×0/smart/filters:strip_exif/file/attachments/orphans/JudgeNambithaDambuza8_800867.jpg 1200w, https://cdn.dailymaverick.co.za/i/AGszKZNUj_ScaWkzVtBBayyyW_s=/1600×0/smart/filters:strip_exif/file/attachments/orphans/JudgeNambithaDambuza8_800867.jpg 1600w, https://cdn.dailymaverick.co.za/i/PYsX4HyFQ7b8mH84tn0xzvRSzhA=/200×0/filters:strip_exif/file/attachments/orphans/JudgeNambithaDambuza8_800867.jpg 200w, https://cdn.dailymaverick.co.za/i/kaKyXXuDLuxu5g6dqJm6hj-D0Nw=/400×0/filters:strip_exif/file/attachments/orphans/JudgeNambithaDambuza8_800867.jpg 400w" draggable="false" contenteditable="false" style="object-position: 50% 50%;"> Judge Nambitha Dambuza.

( It also considered previous court findings about the meaning of the k-word. The SCA said South African courts had described the k-word as carrying “inescapably racist” and derogatory connotations.