Riyaz Patel
Economic Freedom Fighters (EFF) leader Julius Malema and party members sent tweets which targeted journalists in a way that constitute hate speech, the Equality Court sitting in the Gauteng High Court in Pretoria heard Monday.
The South African National Editors Forum (Sanef) and five journalists have taken the EFF to the Equality Court over what they allege is the “intimidation” of journalists.
Sanef maintains that the court has jurisdiction to entertain the matter.
The journalists are Adriaan Basson, Pauli van Wyk, Barry Bateman, Ranjeni Munusamy and Max du Preez.
Adv. Tembeka Ngcukaitobi appearing for the EFF argued that Sanef has no authority seeking relief from the courts.
Adv. Daniel Berger SC, representing Sanef and the journalists, said the applicants had brought the application to protect themselves and their colleagues from the “abuse” they had endured.
Berger said the EFF has created an environment which had become particularly “toxic and hostile” for journalists.
Berger cited Malema’s 5 July speech outside the state capture commission of inquiry in Johannesburg where the firebrand leader told supporters: “Once journalists take sides, then they should be treated as politicians and that when the enemy raises the head, don’t attack the head, cut it’s head.”
Ngcukaitobi argued that Sanef “air lifts paragraphs that are self serving instead of whole speech but admits some parts of speech are self serving and political rhetoric.”
Berger quoted Malema as saying if journalists report in a particular manner they will be treated differently. “Write their names down and attend to these journalists decisively,” he quoted Malema as saying.
Berger said Malema’s rhetoric was intimidating and a call to violence.
Ngcukaitobi countered that there is “No sensible basis for saying that Mr Malema must tone down his rhetoric, he is a politician,” adding, that Malema’s speech was metaphorical.
Sanef approached the court after the journalists said they were being intimidated on social media.
The court action aims to stop the EFF leadership from threatening journalists and publishing their personal details on public platforms.
Sanef also wants the court to order the EFF to publicly apologise to the journalists concerned.
