EFF hails its rights
The Economic Freedom Fighters (EFF) described yesterday’s court ruling dismissing Minister of Public Enterprises Pravin Gordhan’s hate speech case against party leader Julius Malema as a victory of political rights over free speech.
The Equality Court’s Judge Roland Sutherland dismissed the matter with costs. “Despite the fact that the utterances were indeed hateful and aimed at engendering hatred against the applicant, the applicant has failed to bring his understandable grievances within the compass of the Equality Act,” Sutherland ruled.
Gordhan lodged a complaint with the court after Malema accused him of being a “dog” of white monopoly capital and a racist among other things.
Malema had said: “Our attack on Pravin Gordhan is an attack on white monopoly capital because Pravin is a dog of white monopoly capital. We must hit the dog until the owner comes out, and once the owner comes out, we must deal decisively with the owner.
“Pravin is a cabal that belongs to the UDF [United Democratic Front launched in 1983] and destroyed all good African comrades ... he’s no good this guy.”
The incident took place outside the Commission of Inquiry into State Capture in November 2018. Gordhan charged that Malema had contravened section 10 of the Equality Act.
The EFF said the dismissal of the case was a victory for political rights, the only tool opposition parties had to question the powerful. “Without the right to publicly criticise those in power, like Gordhan, we are unable to exercise accountability over the executive and its decisions.
“Many powerful politicians have run to court seeking to silence the opposition through defamation suits. They do this so their actions are not scrutinised, criticised or interrogated.”
Gordhan’s lawyers said he would continue to challenge those who undermined the country’s constitutional democracy. “Whether attacking our client, targeting judges or intimidating journalists, the EFF’s dangerous abuse of prejudice subverts our constitutional democracy and promotes hatred, intolerance and division,” said Malatji & Company Attorneys.