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Hank’s Olde Irish pub on Cape Town’s Bree Street has been cleared of assault and crimen injuria — emanating from racism allegations — after a police investigation, but a complaint of racism against the pub remains before the equality court.
The business’s legal representative William Booth told the Mail & Guardian that while it had opposed the charges months ago, it still awaited dates for a hearing.
The pub made headlines in December after a video, which it says was posted by Christopher Logan, claiming racial discrimination against his friend, Thabiso Danca, went viral on social media. Logan however denies that he posted or shared the video which suggested that Danca was denied entry to the pub because of his race.
In a statement last week, the pub said police had found the allegations of racism were “fabricated by individuals seeking to exploit a situation for personal gain”.
It said Danca had alleged he was barred from entering the pub on 1 December due to his race but this allegation proved unfounded. Instead, the statement said, the police investigation determined that Danca had failed to produce a valid ID upon entering the pub and consequently his age could not be verified. Danca was allowed entry when his friends verified his age.
According to the pub’s statement, Logan approached the pub the next day which resulted in the owners opening a case of assault after he allegedly became aggressive. In turn, charges of assault and racial misconduct were brought against the pub’s owners.
But the matter never made it to the court roll, Booth said.
“Sometimes the matter is placed on a court roll and then withdrawn. This matter was not even placed on a court roll,” explained Booth, saying this was after the evidence had been considered by a senior prosecutor.
Pub owner Johnny Papadakis told the M&G he was pursuing civil and criminal claims against Logan and Danca, including charges of crimen injuria.
The video sparked racial tension and caused the pub to temporarily close its doors. The Economic Freedom Fighters led protests outside the pub while the South African Human Rights Commission announced it would investigate allegations of racism against it.
The commission has made no statements on its findings since it announced its investigation.
“To my knowledge, there were no criminal charges against us regarding the racist allegations. The equality court sent us charges but, when we addressed the issues, we were met with silence. We have insisted they conclude the issue or address our response, which they haven’t because they can’t get in contact with either of the accusers,” claimed Papadakis.
Logan confirmed that the pub had laid assault charges against him and Danca and that the two men had laid counter charges against Hank’s in December 2022.
“[This] set of charges against both us and them was withdrawn back in April and does not relate to the racism matter. The police referred us to the equality court and Human Rights Commission in regards to the racism matter in December of 2022 and this is where the racism matter is currently being processed,” Logan told the M&G.
*This story has been updated to provide additional clarification that while the pub has been cleared of criminal charges, it still faces charges of racial misconduct before the equality court. The story also adds comment from Christopher Logan, whose friend is at the centre of the race row.