EFF, like journos, harassed by trolls – lawyers
The Economic Freedom Fighters (EFF) were equally appalled by Twitter trolls harassing journalists, since they were also guilty of abusing the party, Advocate Tembeka Ngcukaitobi told the Equality Court yesterday.
Blaming the EFF for violence was unfair, and the third parties who harassed journalists should be expected to take responsibility for their actions. The EFF, Ngcukaitobi argued, has taken a clear stance against violence.
He mentioned a Vodacom store that was trashed in Limpopo, saying the culprits wore EFF shirts but it wasn’t an action sanctioned by the party. It was possible for people to act violently using the EFF and Malema’s name, Ngcukaitobi maintained.
The case the South African National Editors’ Forum (Sanef) brought against the EFF served nobody, he argued, as the EFF were equally appalled by the Twitter trolls harassing journalists. Both Sanef and Malema were acting in the interests of the public, he said.
Ngcukaitobi urged the court to look at the EFF’s tweets in their entirety, rather than out of context, as Malema has stated numerous times that he was against violence.
He further requested for the order on costs to be dismissed.
Advocate Kameel Premhid, also for the EFF, said a strike-out application would be best. “Punitive costs were irrelevant in this regard.”
The EFF legal team claimed the party was subjected to certain prejudices at the hands of the same journalists who were in court.
In 2018, Malema called for his
It’s not hate speech; it’s an insult. And it is absolutely essential to draw these distinctions.
followers to deal decisively with certain journalists who he accused of defending white monopoly capital outside the Commission of Inquiry into State Capture.
Sanef approached the equality court on behalf of five journalists after they were allegedly attacked in the public domain by EFF supporters, following utterances by Malema.
Ngcukaitobi tabled a tweet from Malema to journalist Pauli van Wyk, where Malema tweeted Van Wyk was sick and should go to hell.
He also referred to her as “Satan”. This does not constitute hate speech, Ngcukaitobi said.
“Of course, that could be construed crude; that could be construed insulting; and of course it could be construed as even offensive. But it’s not hate speech under section 10 of the Equality Act. It’s certainly not the hate speech that the applicants are contending for, which is discrimination on the grounds of profession.
“It’s not hate speech; it’s an insult. And it is absolutely essential to draw these distinctions,”
He also denied Malema was guilty of hate speech when he told Sanef on Twitter he would agree to meet them, as long as News24 editor Adriaan Basson did not attend, as he is “racist”.
“Referring to someone as racist does not amount to hate speech.”
To state that the EFF has a violent streak based on the party and its leaders’ retweets would be misguided, as retweeting is in no way an endorsement.
“Jacques Pauw tweeted the actual picture with an arrow showing the house of Malema,” said Ngcukaitobi. The journalist has not been reprimanded as Malema has.
Malema has made his position clear, stating he is against any form of violence.
Advocate Tembeka Ngcukaitobi on Julius Malema’s tweets about journalist Pauli van Wyk