(Western Cape Division, Cape Town)
Case No: EC11/2025
In the matter between:
Cape South African Jewish Board of Deputies Complainant
and
Thomas Leyland Torr Respondent
Judgement Delivered : 9 May 2025
Le Grange J :
[1] The central issue in this case is whether videos posted by Mr. Torr (Torr) on
social media platforms amount to hate speech as contemplated in s 10 (1) of the
Promotion of Equality and Prevention of Unfair Discrimination Act (‘PEPUDA’) which is
OFFICE OF THE CHIEF JUSTICE
REPUBLIC OF SOUTH AFRICA
the primary legislation prohibiting hate speech1. Section 10 (1) of PEPUDA provides as
follows:
“Prohibition of hate speech:
(1) Subject to the proviso in section 12, no person may publish, propagate,
advocate or communicate words based on one or more of the prohibited
grounds, against any person, that could reasonably be construed to demonstrate
a clear intention to —
(a) be hurtful;
(b) be harmful or to incite harm;
(c) promote or propagate hatred.
Section 12 reads: no person may -
(a) disseminate o r broadcast any information;
(b) publish or display any advertisement or notice,
that could reasonably be construed or reasonably be understood to demonstrate
a clear intention to unfairly discriminate against any person: provided that bona
fide engagement i n artistic creativity academic and scientific inquiry, fair and
accurate reporting in the public interest or publication of any information,
advertisement or notice in accordance with section 16 of the constitution, is not
precluded by this section. any in formation. Advertisement or notice in accordance
with section 16 of the constitution is not precluded by the section.
[2] The complain ant holds the firm view that the contents of 22 videos posted by
Torr during the period 2023 -2024 has a clear intention to incite harm and to promote
hatred against all those who have membership of the Jewish race, religion, or culture,
Jewish beliefs or consciences and who hold Zionist consciences or beliefs , which
amounts to hate speech as prohibited by s 10 of PEPUDA .
1 In SAHRC v Masuku, 2022 (4) SA 1 CC at para 112 , the Constitutional Court held that the principle of
subsidiarity applies to section 10(1), on the basis that “ the hate -speech provisions of the Equality Act are
clearly designed to give scope to s 16 of the Constitution, which at s 16(2) (c) carves out hate speech from
constitutional protection ”.1 A hate -speech dispute must therefore be adjudicated with reference to s 10(1)
of PEPUDA than in direct reliance on section 16(2) of the Constitution.
[3] Torr, despite being properly informed of the direction hearing and set -down
dates, elected not to answer any of the complainant’ s allegations against him. Instead,
he responded by email to the equality court proceedings in a rather ominous manner.
[4] On 13 February 2025 my registrar addressed an email to the parties advising
them of a proposed date and time for a directions hearing . Torr’s response was a single
sentence: “ I will kill you if I ever meet you. ”
When advised by the Applicant’s attorney of record that the date of the directions
hearing had been moved, Torr emailed on 21 February 2025 the following: “ You are
mentally retarded and it’s very sad but unfortunately there is no cure for that.”
Mr Merlinn Titus from the complainant ’s attorneys again sent Torr a notice of set -down
of the directions hearing, to which his response was:
“The Name Merlinn Titus makes me throw up in my mouth a
little. You definitely do not deserve to live, and I I [sic] will enjoy
watching your light be extinguished behind your dead eyes. ”
From the abovementioned it is obvious Torr was fully advised and aware of the hearing
dates but opted not to answer any of the allegations against him.
[5] The background facts in this case are alarming . Torr posted about 22 videos
from 2023 to 2024 on Tik Tok, Instagram and YouTube social media platforms . The
contents of these videos published are e xtreme , vile and replete with exp letives .
Despite the latter , it will be remiss not to refer to statements in some videos to give
context to this matter . I will only reference 8 different videos. The tone and context in the
others are similar.
Video 1: - ‘When will antisemitism die? Well, it’s clear to me that antisemitism will
exist as long as Judaism exists because antisemitism is Judaism , antisemitism does not
exist without Judaism. ….. I am just a human being, there is no label that you can apply
to me. But as soon as a person who wears a hat because he thinks that God likes it
when he wears a hat, as soon as a guy with long fucking ponytail, as long as a Bronze
Age rapist and culti st enters my vision, suddenly I'm antisemitic because I don't like the
fucking way this pedophile cannibal behaves . …There is no Anti -Semitism without
Judaism. They are pedophiles - cannibals, and they deserve to be punished to the full
extent of the law. ’
Video 2: - ‘when will anti -Semitism die? Well, that's a pretty obvious question to
me because anti semitism will be around as long as Judaism is around…. Because
throughout history antisemitism has existed wherever Jewish people are, because of
the way that their culture functions Judaism, the religion, is based on violence and
brutality; they are paedop hiles, it's in their culture. I'm not saying that Jewish people are
paedophiles, I'm saying that the ir culture is a pedophilic violent, brutal Bronze Age cult
that causes anti semitism to exist, so antisemitism will only die when Judaism is
completely exter minated from the world. ’
Video 3 :- ‘if you don't know by now Jewish people murder, rape and eat children
let me prove it to you. So you know the story of Abraham, God tells him to take his son
up to the mountain to kill him, to sacrifice him what do people use it to sacrifice? Food,
obviously the only thing that's weird about this is that he's telling Abraham to sacrifice
his own s on and that's why he hesitate s. But he only hesitates . He's still going to kill his
son. Why? Because he's completely used to killing children for food. If God had asked
him to sacrifice somebody else's child, he would have done it immediately . Fact number
2: manna is what kept the Jews alive in the desert. A mysterious source of food. Eric
von Däniken thinks that this was some sort of bacteria that was created by the Ark of
the Covenant. I've got news for you: it was other people's children. They would capture,
kill, rape and eat other people children and that's how they survived in the desert. ’
Video 4 :-‘ By far the biggest drawback to being Jewish is the lack of creativity.
Because, most humans (beings ) are born with the ability to create new things with their
mind s. …. But Jewish kids are just expected to follow a 2000 -year - old book and have
no creative, original thoughts of their own. It's like they have no brains, they have no
souls, they have no th oughts. And they don't have the ability to even think for
themselves or create anything new. They have to resort to this 2000 -year- old book that
outlines in detail how to rape and eat children. And lie, hard to be a fucking cunt. Like
they sit there and think oh, this is how to be a fucking cunt, I didn't realize because I
don't have a soul or a mind and I can't think for myself at all so I have to follow a 2000
year old book because my people are fucking retarded .’
Video 9:- ‘’ Israel and Israeli supporters are heartless monsters that deserve
nothing but disrespect, they don't deserve human rights, they should have their human
rights stripped from them and they when justice runs its course. I'm completely
disgusted by the action s and words of the Israeli animals and I'm going to dedicate the
rest of my life to ensure that the disgusting, inhumane culture of the Israelis cannot hurt
anyone else. ’
Video 12 :- ‘we all have the right to be extremely fucking angry with Jewish
people. We all have the right to condemn them and be fucking mad with them, and
punish them. Because this is 2024 now and they ’re fucking acting as if it's like the 12th
century or something. They acting like Barbarians, they're acting l ike savages, they're
literally killing women and children. It's 2024, get with a fucking program you're retards . I
fucking hate your people, I hate you I fucking hate you, and everybody around the world
hates you too, and we have that right. And you will fucking face the consequence of
your disgusting ac tions .’
Video 21: - ‘… I only met my first Jewish people in Cape Town, and let me tell
you, every single one of them that I've met is completely psychopathic. They ’re
completely psychopathic, it's built into their religion. There's a great episode of High
Maintenance where it's the Sabbath and the protagonist is tricked into holding a fan for
a family of Jewish people, but that trickery that deception that manipulation is part of
their religio n. In the words of the South African Jewish comedian Nathan Levinrad : tell
your story, make sure that everybody knows you are a victim. Tell your story of the
Holocaust over and over again so everybody thinks that you are a victim. ’
Video 22 : - ‘the reason why the IDF has such unresolved issues, and they take it
out on the Palestinians is mainly because their mothers are whores . And I'm not saying
that as an insult: the IDF, their mothers are literally w hores in that the Israeli
government forces Israeli women to breed until they have ten childre n. And in those ten
children have ten children each, so they each have 100 grandchildren. They have no
relationship with their mother, except for the fact that they know that their mother is a
dirty war who s ucks and f ucks s until her pussy spits out little b itch-ass soldiers like the
people who work for the IDF . You know, the immoral fucking psychopathic homosexual
soldiers of the IDF whose mothers are all cock-suckin g fucking whores .’
[6] The complainant called Ms . Mary Bloch, a media coordinator at the Jewish Board
of Deputies, Cape Town and Professor Milton Shain , an emeritus professor of historical
studies at the University of Cape Town. He has written, co -authored and Co-edited
books on South African Jewish hist ory, South African politics and the history of
antisemitism, including the roots of anti semitism in South Africa (1994 ); Antisemitism
(1998 ); The Jew s in South Africa. Professor Sha in testified about the origins of blood
libel against Jews in the Middle Ages, and its reoccurrence as a theme in the history of
anti-Semitism ever since.
[7] Ms. Bloch testified that during the period 2023 -2024 she came across videos
posted by Torr on various social platforms. According to her the videos and its contents
were stereotyping, propagating falsehood of Jews and were so upsetting and vulgar that
some administrators took the videos off their platform s. Videos 4, 5, 6, 9, 10, 11, 12, 17
and 22 which were published on TikTok were a pparently removed from the website
from mid - January 2024 .
[8] According to professor Sha in these anti-Jewish myths and fantasies are
persistently and deeply embedded in folklore and certain societ ies, despite the Christian
Church in a ser ies of medieval Papal pronouncements deemed these charges as myth
and nonsensical .
[9] Counsel on behalf of the complainant contended that Torr’s statements had a
clear intention to be har mful, to incite , promote or propagate hatred to Jews or all those
who have membership with the Jewish race, religion, culture or ethnic or social origins
and Jewish beliefs or con sciences.
[10] It is trite that f reedom of expression lies at the heart of a democracy and is
guaranteed in our Constitution2. The rights implicitly recognise the importance, both for
a democratic society and for individuals personally to form and express opinions,
whether individually o r collectively, even where those views are controversial3.
[11] However, freedom of speech is not absolute and does not enjoy superior status4.
Speech that is intended to hurt, harm or promote hatred is prohibited in terms of s10 of
PEPUDA. The reason is obvious. Speech of an unduly hatred, abusive and
inflammatory nature can pose a real and substantial threat to our democratic order and
constitu tional values. Hate sp eech is probably one of the most devasting methods of
subverting the dignity and self -worth of human beings.
[12] The question in casu, is whether Torr ’s statements and words constitute
prohibited hate speech as contemplated in s 10 of PEPUDA.
2 Section 16 of the Constitution provides as follows:
“(1) E veryone has the right to freedom of expression, which includes -
(a) freedom of the press and other media;
(b) freedom to receive or impart information or ideas;
(c) freedom of artistic creativity; and
(d) academic freedom and freedom of scientific research.
(2) The right in subsection (1) does not extend to -
(a) propaganda for war;
(b) incitement of imminent violence; or
(c) advocacy of hatred that is based on race, ethnicity, gender, or religion, and that constitutes
incitement to cause harm.”
3 South African National Defence Force v Minister of Defence and Another 1999 (4) SA CC at para 8 .
4 Islamic Unity Convention v Independent Broadcasting Authority 2002 (4) SA 294 CC at para 30 and the
cases referred to therein
[13] The contents of the 22 videos posted viewed contextually can be characterised in
four main themes. In the first, the essence of the accusation is one of ritual murder and
cannibali sm, of Christian children or other victims. Torr is thus propagating on social
media that Jewish people are cannibals; they murder and eat children; and they eat
babies and drink their blood. According to professor Shain, this is nothing else than
blood li bel which is an antisemitic myth falsely accus ing Jews of murdering Christians to
use their blood in the performance of religious rituals.
[14] Second ly, Torr is accusing Jew ish people of being paedophiles; raping children,
including babies; and are generally rapists. He is th us openly promoting the narrative
that Jew ish people commit acts of sexual violence against women and children.
[15] Thirdly, Torr promotes the idea that Judais m is based on violence and brutality.
And, Jew ish people act like barbarians, kill men, women, animals for no apparent
reason and are completely psychopathic.
[16] Fourthly, according to Torr Jew ish people , lack creativity, have no brains, no
souls, and n o thoughts, and are retarded; that Israeli Jews are animals with a
disgusting, inhumane culture; they are unhappy and Isr aeli Jewish mothers are whores.
[17] Torr, at times also sought to advance his hostility to the Jewish people by
referencing the war in Gaza. He is also advocat ing that Jewish people , including South
African Jews, apparently receiv e free, fresh delivery of Palestinian child meat every
week and eating Palestinian childre n and drinking their blood. In two videos he also
equates Israel with Nazi Germany.
[18] There can be nothing wrong to publicly and openly express views and debate
issues relating to Gaza . Some commentators refer the situation in Gaza as a war,
others as a genocid e. As mentioned in paragraph [ 10], freedom of expression implicitly
recognises the importance, for individuals to form and express opinions, whether
individually or collectively, even where those views are controversial
[19] Mr Torr ’s videos and speech however is not limited to the Gaza situation . His
publication does not engage in bona fide artistic creativity, academic and scientific
inquiry, fair and accurate reporting in the public interest or publicat ion of any information
advertisement or notice in accordance with section 16 of the constitution. His speech es
fall entirely into a different category. Ignoring the vulgar and crude name -calling, h is
videos and speech promotes horrid and dangerous consequences , including the
complete annihilation of Judaism from the world, the death of Jewish children, which
according to him will be better off, stripping Jew ish people of their human rights and to
punish t hem to the full extent of the law. Furthermore, he is openly promoting the
narrative that Jews are rapists and commit ting acts of sexual violence against women
and children . His hostility and prejudice against the Jewish people are palpable ,
dangerous and full of revulsion.
[20] Our apex court have recognised Jewishness as a religion, an ethnicity, and an
identity.5 Moreover, in Qwelane v SAHRC and Another6, the Constitutional Court said
that speech is powerful. It could build, promote and nurture, but it can also denigrate,
humiliate and destroy. Furthermore, hate speech marginalizes and delegitimizes
individuals based on their membership of a group. This may diminish their social
standi ng in the broader society, outside of the group they identify with. It can ignite
exclusion, hostility, discrimination and violence against them. Not only does it wound the
individuals who share this group identity, but it seeks to undo the very fabric of our
society as envisioned by our Constitution. The speech of Torr is no different. His
publications are not only extensive, but are nasty, vicious and appalling . Its main aim is
not to strive for a society built on democratic values of human dignity, equality, and the
advancement of human rights but to humiliate , destroy and to ignite hatred and violence
against Jewish people. There seems to be no end to his vulgarity .
5 See Masuku, paras 156 and 157. See also E, R (on the application of) v Governing Body of JFS [2009]
UKSC 15 (16 December 2009) para 67 (per Lady Hale): “There is no d oubt that the Jewish people are an
ethnic group”, and para 76 (per Lord Mance): “the word ‘Jewish’ may refer to a people, race or ethnic
group and/or to membership of a religion”.
6 Qwelani v South African Human Rights Commission and Another 2021 (6) SA 57 para 1 and the articles
referred therein.
[21] The videos and speech es contextually viewed fall squarely in one or more of the
prohibited grounds as contemplated in s 10 of PEPUDA. Unquestionably , any
reasonable, objectively and informed person seeing the videos will understand the sting
in the statements . It is blatant antisemitism speech intended to incite harm, to promote
and propagate hatred against Jew ish people. Moreover, Torr has shown no remorse but
only disdain for the legal process. It follows the complainant had overwhelmingly
established ; it is entitled to the relief sought in its Notice of Motion
[22] In the result the following order is made in terms of s 21 (2) of PEPUDA ,
1. The Respondent ’s videos published during 2023 and 2024 on TikTok,
Instagram and YouTube are hereby declared to be harmful and to incite harm
and propagate hatre d, amount ing to hate speech as envisage in s 10 of
PEPUDA.
2. The Respondent is ordered to issue an unconditional written apology to the
South African Jewish community within 30 days of this order , or within such
other period as the parties may agree upon.
3. The Respondent is ordered to donate R 50,000 (Fifty Thousand Rand ) to the
Cape Town Holocaust and Genocide Centre within 30 days of this order, or
within such other period as the par ties may agree.
4. No order as to Costs.
_______________
Le Grange, J
Appearances:
For the Complainan t: Eduard Fagan S.C with Eshed Cohen
Instructed by: Hurter Spies Inc , Pretoria
c/o Marias Muller Hendricks Inc, Cape Town
For the Respondent: No Appearance.