It's ab it more complexed than that. There are 2 instances of criminal charges involved here - Assault and Hate Speech. Now it seems like assault is off the tables for now. I say for now, as the police may still decide to formally prosecute him, especially if new evidence comes out. The Hate speech charge will only happen after the SAHRC wins their case in the equality court. If what Eben has said been deemed to be hate speech, then the police can prosecute him for that. So basically this SAHRC attempt is a pre-emptive move to have Eben prosecuted after the EC ruling, should the court find in the SAHRC's favour.