Riyaz Patel
The South African National Editors Forum (Sanef) says it is confident about the manner in which it presented its case before the Equality Court against the Economic Freedom Fighters (EFF).
Sanef and five senior journalists approached the Equality Court, sitting in the Gauteng High Court in Pretoria, to interdict the EFF from intimidating, harassing and assaulting journalists.
The EFF opposed the application brought by Sanef and five reporters.
The five journalists are News24 editor Adriaan Basson, Daily Maverick journalist Pauli van Wyk, Tiso Blackstar associate editor Ranjeni Munusamy, Eyewitness News senior journalist Barry Bateman and Vrye Weekblad co-editor Max du Preez.
The court spent two days hearings arguments from both parties, with the EFF arguing that the court should not “waste its time.”
Adv. Tembeka Ngcukaitobi for the EFF argued that Sanef had no authority to come to court.
Ngcukaitobi conceded that while Malema’s language may have be crude or offensive, it did not amount to hate speech.
“Mr Malema said, ‘You’re sick. Go to hell.’ That was read out yesterday. That could be considered crude, insulting and even insulting, but it’s not hate speech. It’s not hate speech under section 10 of the Equality Act. It’s certainly not hate speech that the applicants are contending for, which is discrimination on the grounds of the profession.”
The EFF had also argued that the case should be dismissed with no order to costs because there would be no winners.
Sanef chairperson, Mahlatse Mahlase, told reporters that the Forum managed to show a direct link between EFF leader Julius Malema and the statement he made outside the Zondo commission last year – where he called for “heads to be cut off” which was followed by attacks on Twitter.
In November 2018, Malema identified specific journalists whom he accused of protecting Public Enterprises Minister Pravin Gordhan, who was testifying at the state capture inquiry at the time.
Ngcukaitobi insisted that the language used by the EFF leader was “metaphorical,” and that Malema was a political leader who delivers hard-hitting speeches.
Malema likened the media to the apartheid government’s “Stratcom” disinformation campaign, and called Tiso Blackstar “hypocrites.”
But Mahlase said it was important for Malema, who leads the third biggest political party in South Africa, to be “crystal clear around condemning violence and threats of violence.”
Malema then accused Sanef of being used by Gordhan.
“The matter is not between us and Sanef, the matter is between us and Pravin, they are using Sanef to come and defend Pravin.”
“We were speaking outside the commission against what Pravin was going to say in the commission and Sanef took an offence and approached the Equality Court, for what reason? We don’t know.
“How do you say cut their head off is an intimidation or hate speech when it is a political speech?” Malema asked.
He said the EFF was confident it would win the case.
Judgment has been reserved.
