‘Gupta slurs must stop’
TEAM Julius Malema was “shocked” and disappointed by a court order barring the EFF and its leader from badmouthing the Gupta family yesterday.
Malema may also not threaten or incite violence against the family, but all indications are that the outspoken politician will fight back.
His lawyer, Tumi Mokoena, said they would study the findings, but was almost certain they would return to court to appeal against the ruling. They have 14 days to lodge an appeal.
In terms of the order, Malema and his party members may not refer to the Gupta family again in a threatening or derogatory manner.
Mokoena afterwards remarked that this was a very wide order. He expressed shock that it was not even an interim order – the judge made it final.
Judge Johan Louw, in granting the order in favour of the Guptas, said he would give reasons later for his decision.
In terms of the order delivered in the Pretoria High Court, neither Malema nor his party members may during public speeches, or in media statements, utter anything that could be damaging to the Gupta family. They may also not bar The New Age or ANN-7 representatives from any public events. They may not repeat previous threats of violence, make new threats or utter anything that could be perceived as inciting violence towards the family and their employees.
The court also granted an order directing the acting national police commissioner, Lieutenant-General Khomotso Phahlane, to protect the interests of the Gupta family if Malema and the EFF did not comply with the court order.
The Guptas lodged an urgent application against Malema and the EFF for an interdict, as they feared for their safety and that of their employees. They said Malema and his party openly incited violence against them.
The family turned to court at the same time that the EFF and the DA were in the Constitutional Court demanding that President Jacob Zuma, a close friend of the Guptas, pay back the money spent on Nkandla.
Marches
Malema said last week that the Guptas would clearly get the message during the marches before and after the hearing in Braamfontein, that they were not welcome in the country. He said he could not guarantee their safety.
He lashed out at the family on national television and subsequently made several comments regarding them and their relationship with the president. Malema also made it clear that media houses within the company – The New Age and ANN-7 – were not welcome at any EFF gatherings.
Nazeem Howa, the head of Oakbay Investments, the Gupta holding company, said in a statement handed to the court that he was taking the threats made by Malema seriously.
Howa said it was clear that Malema and the EFF intended to also use their members and their resources to destroy the businesses of the family, and would violently prevent them from conducting their operations on a day-to-day basis.
Howa said several of the family’s employees also received threatening phone calls over the weekend.
Nic Maritz SC, appearing for the Guptas, read out an editorial published in the Pretoria News on Monday, condemning Malema’s utterances against the Guptas: “The Pretoria News made it clear that he had overstepped his boundaries by calling for violence. That is what the ordinary man will understand.”
Maritz said Malema’s utterings were clearly an incitement to violence. But advocate Ishmael Semenya, SC, acting for Malema, said it was a campaign speech and should be viewed in the context in which it was made. “This is party political speech in a year in which there are elections,” he said.
Semenya said Malema did not mean the Guptas harm, and while he was adamant to get rid of them, he aimed to do this in a legal manner. He said the EFF was not known for its violent protests, but Maritz handed pictures to the court showing yesterday’s march outside the Constitutional Court, in which party members carried placards stating “shoot Zuma” and “shoot the Guptas”.
Malema, who attended the hearing before heading to Braamfontein, wanted the proceedings postponed to today. The Guptas said they would agree, if he gave an undertaking not to harm them in the meantime. Malema refused to give an official undertaking.