Attorneys for Meta and Daniel Motaung tabled legal submissions today that will be used to make a decision on whether or not Meta has a case to answer.
Meta and its main content moderation sub-contractor in Africa are being sued by a South African national for forced labor and human trafficking, unfair labor relations, union busting, and failure to provide adequate mental health and psychosocial support. A number of African countries are used as the source of the moderators stationed at a hub in NAIROBi.
Meta made an application to have the case against it dropped because it is not incorporated in the East African country. Meta claimed that Motaung was not its employee.
The ruling will determine if Meta will face charges in Africa. The law firm representing Motaung argued that Meta could be sued in the country because it has operations in the country and pays digital services tax.
The lawyers said that the work done by the content moderations who sift through social media posts to remove posts that spread hate, misinformation and violence is done by Meta.
The work done at the 1st Respondents premises was assigned and supervised by the 2nd and 3rd Respondents. Human rights violations took place in the performance of this work. The 2nd and 3rd Respondents are the true employers of the petition, according to Nzuli and Nsumbi.
The work that led to the human rights violations was done by the 2nd and 3rd respondents.
The law firm maintained that Meta is a foreign entity and that it does not submit to the constitution of the country.
The man who was laid off for organizing a strike and trying to unionize the Sama's employees is looking for financial compensation. He wants them to stop union busting and give mental health support.
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