Malema‚ Shivambu ask for Gordhan hate-speech case to be moved to high court
Top EFF men say they want to challenge section 10 of the Equality Act
EFF leader Julius Malema and his deputy‚ Floyd Shivambu, want public enterprises minister Pravin Gordhan’s Equality Court hate-speech case against them to be heard in the high court.
Gordhan lodged a complaint in the Equality Court against Malema and Shivambu about their public utterances against him in November 2018, which Gordhan said amounted to hate speech.
Malema, speaking to EFF supporters outside the state-capture commission hearing in Johannesburg when Gordhan was testifying, accused the minister of being corrupt and a lackey of white monopoly capital.
Gordhan said the statements were intended to be hurtful‚ incite harm and promote hatred‚ and thus constituted hate speech under the Equality Act.
Counsel for Malema and Shivambu‚ Tembeka Ngcukaitobi‚ said in the Equality Court on Monday that the pair wanted the matter to be transferred to the high court for them to challenge section 10 of the Equality Act. The section deals with hate speech.
Magistrate Nishani Beharie postponed the matter to February 11 for her to decide whether to transfer the matter.
Gordhan is seeking an unconditional apology from Malema and Shivambu and R150‚000 in damages.
The minister said damages awarded would be donated to a charity that supported job creation for unemployed youth.
At the time of lodging the complaint‚ Gordhan described Malema and Shivambu’s utterances as “absolutely nonsensical” and unsubstantiated.
“Enough is enough‚” Gordhan said at the time. “The determined defence of corruption and the corrupt using [of] personal attacks‚ racism and alleged hate speech is not acceptable and must be challenged.”