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Media Statement: Settlement Agreement between Pamela MacDougall and Stephanie Odendaal for Facebook comments

Attention: Editors and Reporters

Wednesday, 27 June 2018

The South African Human Rights Commission (“the SAHRC”) instituted an application in the Equality Court held at the KwaDukuza Magistrates Court on behalf of Pamela MacDougall (“the Applicant”) against Stephanie Odendaal (“the Respondent”), following several offensive, hurtful and discriminatory comments that were made by the Respondent on the social network site, Facebook.  The Respondents comments were based on race and were directed at the Applicant and persons involved and/or engaging in mixed race relationships in general.

The application was brought to declare the Respondents comments as unfair discrimination on the ground of race and as constituting an impairment of the Applicants human dignity in terms of sections 9 and 10 of the Constitution and sections 6 and 7 of the Promotion of Equality and Prevention of Unfair Discrimination Act No. 4 of 2000 (“PEPUDA”).  

The parties entered into a settlement agreement which was made an order of court by Presiding Officer, R. A. Stewart.  In terms of the settlement agreement, the Respondent has acknowledged that her comments constituted unfair discrimination and that same amounts to a violation of human dignity. The Respondent further agreed to tender a written unconditional apology to the Applicant; to pay damages in the amount of R7000-00, which is to be donated to 2 (two) non-profit organisations in KZN and to complete 100 (one hundred) hours of community service.

Ends

For queries contact the SAHRC’s KZN Provincial Manager, Ms Tanuja Munnoo on 031 – 304 7323 or via email at This email address is being protected from spambots. You need JavaScript enabled to view it.

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The Human Rights Commission is the national institution established to support constitutional democracy. It is committed to promote respect for, observance of and protection of human rights for everyone without fear or favour.

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