Equality Court rules in Malema matter

The Equality Court in Johannesburg granted absolution to African National Congress Youth League (ANCYL) president Julius Malema on Monday on the unfair discrimination complaint lodged against him, but not for hate speech and harassment.

Malema’s lawyer, Tumi Mokwena, had earlier applied for absolution, which meant he wanted all complaints to be dismissed.

However, magistrate Colleen Collis dismissed only one aspect of the complaint, lodged by the Sonke Gender Justice Network, and said she would give reasons at a later date.

Malema has not yet explained what he meant when he said at the Cape Peninsula Technikon earlier this year: “Those who had a nice time will wait until the sun comes out, request breakfast and ask for taxi money. In the morning, that lady requested breakfast and taxi money.” The network complained about Malema’s comment.

Malema was referring to a rape charge against President Jacob Zuma, on which he was acquitted in 2006 before he became president.

After dismissing the unfair discrimination complaint, Collis gave Malema’s lawyers 15 minutes to decide how to proceed with the matter.

While Malema huddled with Gauteng ANCYL chairperson Jacob Khawe and ANCYL treasurer general Pule Mabe, a Malema supporter, Eugenie Jabulile Yamtcho, started complaining loudly in the court room about Zuma’s name being dragged into the matter.

Appearing not to realise that Malema’s defence was that he was passing fair comment, based on the Zuma judgement of 2006, Yamtcho threatened to sue anyone who mentioned Zuma’s name during the Malema proceedings.

She walked over to one of the court tables and shouted: “So you want money?”

This was in reference to the network’s claim for R50 000 against Malema for a shelter for abused women.

A loud debate broke out in the court room.

Malema did not intervene and Yamtcho continued: “It was Jacob Zuma, now it is Malema.”

Collis returned to the court room but then announced a further 10-minute break, while a technical issue was being dealt with.

However, as Collis got up to leave, the Sonke Gender Justice Network’s lawyer, Chris Todd, said he had heard a direct threat issued in the court room against anyone who mentioned Zuma’s name again.

He said a woman had directed a “torrent of abuse, as far as we can tell, at the media”.

He said that the network had also been taunted by a person in the group of the youth league supporter. He had raised it with Mokwena, to no avail.

“It demeans the dignity of this court, and demeans the dignity of these proceedings,” Todd said.

Collis replied: “Let’s go to my office so we can discuss this further.”

Todd also asked that arrangements be made for his team of lawyers to leave the court room safely.

Malema did not appear to respond to any of the comments and sat with his back partially to the people.—Sapa