News24

Expert may testify in Shivambu case

2011-12-07 12:30

Johannesburg - A forensic expert may be called in to testify in the hate speech case against suspended ANC Youth League spokesperson Floyd Shivambu, the Johannesburg Equality Court heard on Tuesday.

"We should make provision for experts who may be required...and a forensic expert...to view the cellphone and check the SIM card," said Richard Moultrie, counsel for journalist Carien du Plessis.

"If the respondent admits he did send the SMS then the complainant does not need to bring a forensic expert... an expert who has already examined her phone".

He proposed that evidence should not only be detailed in affidavits but that the complainant and respondent be cross-examined on their evidence.

Du Plessis, who worked for Independent Newspapers at the time in May 2010, alleged that in an SMS exchange between herself and Shivambu, he wrote: "You must learn to respect people. I don't comment on YCL issues and please stop being stupid".

He further wrote: "I wouldn't want to earn respect from white bitches... so dream on." The two had not been in contact since the incident.

Du Plessis is suing Shivambu for R100 000 in damages.

Comments
  • procold2 - 2011-12-07 12:35

    back against the wall floydie

  • Stormsaam - 2011-12-07 12:42

    Wie lag laaste jou mot!

  • Sam - 2011-12-07 12:49

    Gold digger.....

      Dave - 2011-12-07 13:07

      No, he only wants them nationalised....

      Sam - 2011-12-07 14:14

      SA media is a polical party, it should be considered as one of the opposition party, make no mistake....

  • Deon - 2011-12-07 12:53

    I suppose Floyd would not think to settle with a "settlar" (in his mind).

      Samuel - 2011-12-07 14:34

      No he wont. when he loose the case he will fall ill. so bad that he wont be able to transfer the money. ( the new crimanal trend )

  • Koos - 2011-12-07 12:59

    mmmmmm .... another jub jub case where the exopert will say no its not so..... Floyd... vat jou pakslae soos n man of is jy muis?!

      brendan.beech - 2011-12-07 13:13

      squeak-squeak

  • Phumezo - 2011-12-07 13:11

    Can't we all just get along?

      Samuel - 2011-12-07 14:38

      NO!! Remember this response you posted of the child lying in hospital with brain damage. NO no no no no no!!!! We Can't An accident is an accident let us not sensationalise it because the MEC was involved. As law abiding citizen if there was a crime committed let us give the space to the relevent authorities deal with it. We sympathise with the family and urge all of us to use our roads safely

  • Ditantane - 2011-12-07 13:17

    R100 000 for what damages, bloody gold digger

      Freddie - 2011-12-07 13:40

      Never heard of crimen injuria? Not surprising seeing the ANC sent the nationalisation paper back to be written in "plain language", an ANC euphemism for dumbing down. Same thing they did with the education system in this country.

      Patrick - 2011-12-07 14:01

      @Ditante-Floyd called her a "white bitch" which is extremely offensive and not too dissimilar to whites using the k word. So lets try being consistent.

      Pulverturm - 2011-12-07 14:22

      Ditantane, how you would feel if the shoe was on the other foot? And some white politician called a black journalist a black bitch? Then what? Would they also be a gold digger for demanding compensation?

      Koos - 2011-12-07 14:26

      better than the 10 million that other dude with his cow hide wants to sue the airport in kzn for.... wonder who is the gold digger now.....

  • gerald.jacob1 - 2011-12-07 13:21

    How the tide as turned Dear Boy Floyd, when i spoke to you at Taboo and told you to have respect for your leaders and elders, you laughed. Who is laughing now Dear Boy Floyd, how the mighty have fallen, the wheel turns and for you bumbling idiots it had come at the right time... What a Birthday and Christmas gift this is to me......

  • David - 2011-12-07 13:26

    See now... comrade F..F..Floyd. You got acted like a real Sh..Sh...Shivambu.

  • Sam - 2011-12-07 14:03

    SA media is a polical party, it should be considered as one of the opposition party

      ZARSense - 2011-12-07 14:25

      Classic statement by someone who cant handle their inadequacies being exposed. He who assumes sole and absolute power.

      Sam - 2011-12-07 15:03

      Whatever dumbo. The Revolution continue anyway. Economic change in our life time hate it or love it.... It is going to happen. Did you hear that Kumba mines employees are going to get R500 000 each. They have been mining in SA for hundred years this is the 1st time something like that happens. I wonder why? why this year? Any ideas moron?

      Kosie - 2011-12-07 15:18

      And what are you going to do with that R500000, you going to piss it up in the "sjebeen" and then next year when it is all spent you want some more... P.s no mine can afford to pay all his employees R500000 each. take 1000 employees, it would make it 500,000,000, sorry but i don't think so...

      Sam - 2011-12-07 15:33

      Kosie die slaap gaat, slegte donor. Because ur weak it doesn't mean everyone is weak. Some people with in that company were actually able to combine their money and buy share, u can invest it. U can even open a business (that if they are not stupid like you). Even anglo has introduced new better development plans. it is not like before when they were taking care of Kulubusi Zuma (and all the Zuma's only) or politically connected people only. (Jaggasfontein people are given a share of the mine there) We wanted change and there is a bit of change happening. Not enough yet, but we glad we did ssomething unlike yr lazy s commenting and not contributing anything positive toward the growth of this country http://www.sowetanlive.co.za/news/business/2011/11/29/kumba-employees-to-reap-big-pay-out

  • Andre - 2011-12-07 14:06

    Nail the arrogant racist. Scary to think he is regarded as some kind of leader by the minority youth. Thank God.

  • Breinlekkasie - 2011-12-07 14:17

    The poor idiot! He did not know that the IMEI number of the handset and the IMSI number from the SIM card in the handset are recorded when one makes a call (voice or other calls). They can even tell what his approximated location (in which cell) was at the time of the call. Each handset has a unique IMEI number and can be traced to the particular handset. Each and every SIM card also has a unique serial number which are never used for another SIM card. Give it up brother they have got you.

      John - 2011-12-07 17:15

      Calling a “Forensic Opinion” publicly is because forensic opinion has been received in a non-formal way already and now pseudo evidences must be collected and presented. So curios to know what fee will be paid for this Forensic examination to a Van Der Merwe? Sipho will be “out of scope” as usual. As we are all “Mobile users” …we know exactly who may have records of our SMS and Voice transactions. Obviously there is a retention period of this information and carrier and inter carrier stamps are required for your case. Missing transaction records in your case? Opsss…next please

      John - 2011-12-07 17:17

      Next pitfall….Fingerprints from Device? That can confirm that phone is used by Nyiko Floyd Shivambu in May 2010? You have no idea what means a “clear” fingerprint. I’ll advice the defenders to ask for the proof of purchase of this mobile device (aka Invoice) and also a proof that this invoice was obtained in appropriate way…not just another “under counter enquiry”….from May 2010 and before device can be upgraded, lost, stolen…whatever. Still..you cannot prove anything if you have Shivambu current device and his IMEI number (Compliments to Lekka Brein…good shot. You kill the bokkie inside me) SIM card. Excellent starting point….”This SIM card Belongs to Nyiko Floyd Shivambu”. Just Imagine for a second …this SIM card is under contract of ANC Youth League. A good call Carien…..go for the League. If this SIM card is under business contract you will need a prove that SIM card is assigned to Nyiko Floyd…which I doubt that records as such are maintained in ANC Youth League anyway. You need the SIM card and the Mobile number details documented and assigned to Nyiko.

      John - 2011-12-07 17:18

      "I wouldn't want to earn respect from white bitches... so dream on." How Carien du Plessis and Richard Moultrie are planning to prove that Shivambu wrote this message?...Don’t you think that Nyiko went to bed and a drunk fellow friend responded back to Carien? I have another one…do you think that Nyiko wrote “I wouldn’t”. No one types “I wouldn’t” in SMS message. You have 2 options from here…you put wrong wording in your statement, because Shiavambu never used this word/phrase …..Or the worst one is….. that predictive text mistyped….” I dream about white beaches”

      John - 2011-12-07 17:20

      Yeah…..well done Forensic experts of South Africa. I have a question to Shivambu and Carien: Do you have an “Appropriate Use of Mobile Device and Handheld Policy” in bought of your organisations? Do you ever come across to Media policy where are outlined “do and don’t do”? Why your crowd is about the “I wouldn't want to earn respect…” phrase, but not entire conversation between bought of you? What information is exchanged between Spokesman of ANC Youth League and precious Carien? Post entire conversation here…let us read it….you are fighting about the freedom of press or I’m missing something again from you experts. Tell us…let us taste that freedom of the press. You know what….is not about the racial phrases exchanged in a non-formal way. Is about who gets the other off-guard. Before you learn to respect to each other and understand why you are on this earth….just don’t waste money for Forensics because we had enough of our money as taxpayers spend for your own agendas……..we just had enough of all of you.

  • Msholozi - 2011-12-07 14:27

    why are these people targeting our youth leaders this is rite wing politics from the western cape

      Kenny - 2011-12-07 15:50

      because your youth leaders are tsotsis

      John - 2011-12-07 17:41

      Msholozi....don't worry. They targeting themselves. Prepare for "chiga ma chiga"...is christmas on his way. Don't bother posting "why". Greetings to Western Cape and "Don't drink and drive"....

  • Patrick - 2011-12-07 15:23

    @Sam. You say "Economic change in our life time, love it or hate it". Yep, economic change is coming, just as it did in Zimbabwe, but it wont be the economic change you are dreaming about because it's always mindless morons like you who end up on the street begging or fleeing to another country with your begging bowl extended just like all your brothers in Zim are doing today.Wake up you twit and learn from all the other ex coloniast African states that have gone backwards since they achieved "freedom".

      Sam - 2011-12-07 18:18

      Wake up learn and khumbula ekhaya. Learn from all other whites who went home or to Australia

      John - 2011-12-07 18:25

      I can't resist to comment and agree with Patrick opinion. You are right to the last leter of the alphabet in your posting. I wish your words was not true becouse it will be realy, realy, realy sad a beatufull country as South Africa wasted. ...just to add...the first country that achived a "freedom" as such was Ghana. Ghanaians can tell you how quality if their life degraded over the years.I don't need to mention Zim and Mozambique...we all know.

      John - 2011-12-07 18:40

      Sam...what exactly we need to learn? For us this is Deja vu. For you boy is all new world. Just carefull what you wish....i might get it.

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