News24

Twist in 'shoot the boer' appeal

2010-11-29 17:40

Johannesburg - The ANC and AfriForum's application for leave to appeal an order that singing "shoot the boer" is incitement to crime took an unexpected turn in the South Gauteng High Court in Johannesburg on Monday.

Earlier the ANC's lawyer, Gilbert Marcus, had argued the party should be allowed to appeal the ruling, and that it did not have to provide context to the lyrics at this application, in spite of Judge Leon Halgryn's repeated request that it do so.

After a long break due to a power cut Halgryn ploughed through lunchtime, allowing only a five minute bathroom break.

At 14:55 it became apparent that the ANC and AfriForum had not applied to intervene in the proceedings, according to court rules.

Zehir Omar, counsel for the Society for the Protection of our Constitution, learned the ANC was "gatecrashing" proceedings and that they had "just landed from the ceiling".

He also claimed the application by the party's deputy secretary general Thandi Modise was not authorised by the party.

Omar said in terms of court rules the ANC and co-applicant AfriForum should first have applied to intervene in the matter.

He said Halgryn had even written to the ANC when they had asked him for reasons for his pronouncement, pointing out that it was not a party to the matter.

Halgryn said he thought the application to intervene was already in front of him, and then invited Marcus to dictate an application to this effect.

'Beyond irregular'

With Omar banging his hands against his head and muttering loudly, Halgryn prompted Marcus on what the application should say.

When given a chance to speak again, Omar said: "It's beyond irregular to make a substantial application during replies."

Omar said he wanted the application for leave to appeal dismissed and, waving his arms broadly to the rest of the applicants, also demanded a costs order.

He said the ANC's application was just a tactic in light of the Equality Court's appeal.

"Even a child can see that," said Omar.

This appeal would be heard next April and concerned the ruling against ANC Youth League president Julius Malema, who is under fire for singing the song at a University of Johannesburg rally.

After hearing further argument Halgryn reserved judgment.

Earlier, AfriForum submitted that a ruling in the High Court in Pretoria stated that the lyrics could not be used until the Equality Court appeal had been finalised.

Comments
  • semaj - 2010-11-29 18:04

    When, if ever, are we going to see the end of reserved judgments, preceeded by weeks and months of postponements? I do not refer only to this specific case, but court proceedure in general. Surely before a case is brought before a court each side should have had competent enough representation to argue it from the start to the finish without having it dragged out forever?

      Chibuli - 2010-11-29 18:20

      I agree. There is too much emphasis on procedural matters and the substantive aspects of the case are of secondary importance. No wonder we have no justice in this country. It's time the judiciary starts convicting criminals, and stops trying to decide whether the case itself is legal.

  • John - 2010-11-29 18:22

    It is no wonder that News24 no longer state who the reporter is with the abysmal standard of reporting. What the rest of the world thinks must be … (words fail me) …! Extracts: “… After a long break due to a power cut Halgryn ploughed through lunchtime, allowing only a five minute bathroom break …” … “Halgryn “ploughed through lunchtime” ... Did he actually have a plough and tractor in court? ” … “a bathroom break?” … A comfort break is the standard terminology. …” a power cut …” What is new in S.A. today? Enough.

  • John - 2010-11-29 18:27

    It is no wonder that News24 no longer state who the reporter is with the abysmal standard of reporting. What the rest of the world thinks must be … (words fail me) …! Extracts: “… After a long break due to a power cut Halgryn ploughed through lunchtime, allowing only a five minute bathroom break …” … “Halgryn “ploughed through lunchtime” ... Did he actually have a plough and tractor in court? ” … “a bathroom break?” … A comfort break is the standard terminology. …” a power cut …” What is new in S.A. today? Enough.

      pointblankza - 2010-11-29 18:51

      John don't be stupid one can easily see that ploughed through lunch is descriptive and not actual. Go wash your ox wagon.

      John - 2010-11-29 19:59

      pointblankza - YOU ARE THE "STUPID" ONE. If you had read my comment properly / fully it is was about BAD REPORTING

  • SH4Ne - 2010-11-29 18:36

    A double edged sword the media is. It's great that we have the ability hear about people standing up for their,our "rights" BUT this topic is getting way to much media time. It's going to polarize us as a nation. Regardless... Down with the Media Appeals Tribunal and Protection of Information Bill!

  • MrSpiderman - 2010-11-29 18:44

    Sorry Omar, bur even my house hold cat could see it comming! Being itnot law myself, wha a joke were not making into this world? I certainly believed that Madiba was the answer to help this country, I certainly was was wrong!!

  • foxie911 - 2010-12-14 07:33

    Well, guys and girls, if you want more competent people in government, do the right thing when the next elections come around - vote this bunch of bumbling idiots out of office and get a better dispensation than the one we have now. I certainly did NOT help vote this present lot into power, and I certainly have NO intention of doing so in future.

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