NEWS: The harassment application sought by Theshen Naicker aka ‘Aunty Sheila’ against Imran Omar who runs foodie community known as Appetite on Facebook, was dismissed with costs on Monday at the Durban Magistrate Court.
Indian Spice spoke to Durban-based family law specialist and attorney Faizel Kara, to understand how this judgement was ruled in favour of his client Imran Omar. Faizel Kara iterated that he was confident of the outcome from the outset of this matter that became a circus on social media but a nightmare for his client and his family.
“I raised as a point in limine that the alleged incident that Naicker complained of was a once off incident and did not fall within the definition of Harassment, despite protestations and references to decided case law which had no relevance to the alleged incidence by Naicker’s attorney.”
The court agreed with Imran Omar‘s lawyer Faizel Kara and commented that the conduct of Omar on that night remains a single act that has not been repeated in 7 months while there was no interim protection order by Theshen Naicker interdicting or regulating Omar.
The court had further held per Magistrate Kitchener that Theshen Naicker failed to discharge any valid grounds that Imran Omar had committed acts of harassment as defined in the act, the Protection from Harassment Act No. 17 of 2011, and that Naicker acted “unreasonably and vexatiously in persisting with his application” for an interdict in the Harassment Court.
Speaking about the incident Kara said, “This judgment comes as a relief to Imran Omar, who together with members of his family have been lambasted on social media for the alleged act.”
Theshen Naicker currently has other cases pending against Durban food lover Omar at the Equality court and a complaint lodged with the South African Human Rights Council (SAHRC). Naicker had taken to social media to share his experience of what happened in court as the word ‘moffie’ was thrown around to describe him and his character ‘Aunty Sheila’ watch here
Lisa Sukdev, spokesperson for TPA Legal commented,
“Both Theshen Naicker and Theasen Pillay are shocked at the judgment passed in court, in the Protection order matter. Theshen is extremely emotional and distraught feeling that the justice system has failed him. Theasen Pillay has confirmed, The matter is being taken up on appeal. This is a travesty of justice and far from the end of the road in this matter. No stone will be left unturned in securing Theshen the justice he truly deserves.”
Now the other thing you might be wonder is what does in limine mean? Well, In Limine. limine is a hearing on a specific legal point, which takes place before the actual case referred, can be heard. It is a process that addresses the technical legal points, which are raised prior to getting into the merits of the case, and relates to matters of jurisdiction.