Defamation: Malema ordered to file papers

2012-04-10 14:21

Cape Town – Suspended ANC Youth League leader Julius Malema and three others were ordered by the Western Cape High Court on Tuesday to file responding papers to a defamation case lodged by DA leader Helen Zille.

Judge Nathan Erasmus ordered Malema, ANCYL spokesperson Floyd Shivambu, Khayelitsha councillor Andile Lili and the youth league to file their discovery affidavit by April 24.

This affidavit formed part of a pre-trial process in which both parties could 'discover' pertinent facts about evidence and witnesses to build a case.

The defendants had only filed a notice of intention to oppose the case and their plea in response to the summons issued in May 2010.

Erasmus ordered them to supply an address to which documents could be served, as there had been difficulty in locating them.

The judge expressed disbelief that the sheriff had difficulty getting hold of the respondents, saying he could have located them himself simply by reading newspapers.

"I consider it amazing that I see these people apparently all over the show and the sheriff can't find them," he told the court.

"Malema, I saw in the papers, was in church on Good Friday and Shivambu is in the news every day."

Inexcusable

The judge said it was inexcusable that individuals chose to ignore court orders, potentially bringing the justice administration into disrepute.

"Court rules are there to be complied with by everyone. All litigants must be treated equally."

He ordered the defendants on Tuesday to pay punitive costs for Zille's application for the court order.

Zille was suing the youth league and its members for R1.4m, for comments made about her and the Democratic Alliance from 2009.

She said Shivambu had called her a "racist girl" and "sick woman" and claimed that her all-male executive were her boyfriends and concubines.

She also took issue with Malema calling her executive council a "group of racist Helen Zille garden boys" at a rally in Cato Manor, Durban, in February 2009.

At the same rally, he apparently referred to her as a "racist", "colonialist" and "imperialist".

Lili was also accused of calling her a racist in January 2010.

The group had yet to apologise or retract their statements.

In a special plea document, Malema stated that all his statements had been made in the spirit of freedom of expression, in a political capacity.

He stated that he and Zille were both public figures and thus engaged in public debates.

He contended that he had been the victim of an insult by Zille, in which she called him an "Inkwekwe" or young uncircumcised boy in 2009.

- SAPA

Read more on:    anc  |  da  |  ancyl  |  floyd shivambu  |  julius malema  |  helen zille  |  cape town  |  politics  |  racism
NEXT ON NEWS24X

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
98 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
 

Parties serve urgent application over Tlakula

Opposition parties have filed an urgent application in the Electoral Court over their demand that IEC chair Pansy Tlakula must resign, UDM leader Bantu Holomisa says.

 
 

Latest elections multimedia

Why Jack Parow wants you to vote on 7 May
The ad the SABC doesn't want to air
Elections 2014 in one cartoon
This year's election posters
 
Traffic
Lottery
 
  • Thursday Cape Town - 18:56 PM
    Road name: N1 Outbound
    ACCIDENT obstructing two lanes at the M5 Koeberg Interchange - DELAYS from Lower Church Street
  • Thursday Kalk Bay - 18:47 PM
    Road name: Main Road Southbound
    HEAVY DELAYS between Muizenberg and Kalk Bay
 
More traffic reports...
 

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Escape winter, head to Mauritius

Escape winter by spending 7 nights in Mauritius' tropical bliss from R13 215 per person sharing. Includes return flights, airport transfers and accommodation. Book now!

Kalahari.com - shop online today

Get many eggs in one basket!

Gaming bundles: 2 Super Hits games for R99, 3 Disney games for R99 and more + exclusive accessory bundles only available on kalahari.com. While stocks last. Shop now!

25% off bestselling books!

The Real Meal Revolution by Tim Noakes, Jeffrey Archer’s Be Careful What You Wish for, Man’s Search for Meaning by Victor E. Frank and many more titles. Shop now!

Up to 25% off electronics

Buy top electronics and save up to 25%. Such as kalahari.com’s 1# selling product the gobii eReader, Patriot X Porter flash drive, Asus Nexus 7” 3G tablet, Samsung Galaxy SIII, Lenovo G580 Notebook and many more. Shop now!

DStv HD PVR Decoder now R949

The DStv HD PVR Decoder has further revolutionised the television experience with lifelike viewing, sharper images, more vibrant colours and precision picture quality. Now R949, save R550. Offer valid while stocks last. Shop now!

Up to 30% off appliances & homeware

Save up to 30% on appliances and homeware this Easter! Offer valid while stocks last. Shop now.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Apple iPad 2 White 16GB 9.7" Tablet With WiFi & 3G

Two cameras for FaceTime and HD video recording. The dual-core...

From R5727.00

I'm shopping for:

Horoscopes
Aquarius
Aquarius

You may be required to travel or get information for your job. This may be restricting in some way or something may slow things...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.