News24

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.

Comments
  • Janice - 2012-04-10 14:26

    GO Helen,GO!!!!! WE ARE ALL behind you!

      Fazel - 2012-04-10 14:51

      I guess he is reaping what he sowed. Its just not raining ,its pouring for him right now.

      Ken - 2012-04-10 15:49

      Maybe she can get that house in Sandton

      Kolobe - 2012-04-10 17:05

      if we were all behind her she would be the president,so the minority is behind her

  • siyadyosiba - 2012-04-10 14:31

    Let the game begin. It’s about time that these ill-disciplined boys know that you do not lead by a big mouth, intimidation and insulting attitude towards others, you lead by facts, open engagements and respect. I am no DA fan but somebody has to crack the whip so that the upcoming aspiring youth leaders can learn. We cannot fold arms and let children throw our beautiful country to trash in pretext of “economic freedom campaign”.

      CharlesDumbwin - 2012-04-10 14:46

      The only connected friends who will benefit from the so-called 'economic freedom', as the ANCYL leaders and their friends. Watch this space. They will all build mansions in Sandton soon. And their supporters will continue to suffer.

      Michele - 2012-04-10 15:28

      I agree fully with you, which party you support has no relevance when it comes down to old fashioned manners.

  • Scouter - 2012-04-10 14:41

    Damn, damn and damn again - I thought we were headed for a record breaking two whole days without any Julius news. At least this bit has an encouraging angle to it.

      clinton.bowden1 - 2012-04-10 15:42

      Two Days? He was in the news yesterday as well. Which would make 1 at best. Besides there is an outstanding record where there was no news of JUJU for 30 days. Remember the SWC 2010, never once was there a report or incident on him

  • Makatikamusona - 2012-04-10 14:43

    The order lacks credibility would have made sense or impartial had it been issued by a court of a different province. Why did she not lodge her complains long time ago, that is rather a futile exercise because Mr Malema has got the full support of the ANC on that defamation utterance, rather direct your complains to the ANC because Malema is no longer its member.

      Gideon - 2012-04-10 14:53

      Defamation is directed by individuals, not whole organisations, hence the reason that specific individuals eg. Malema and Shivambu, are accused of defamaion. The ANC as an organisation cannot take responsibility for the actions of individual members against a third party, that's why people take people to court.

      DSBennie - 2012-04-10 14:53

      She Lodged the complaint in 2009, Malema has not yet filed the right papers in response, hence the action that has been taken

      siyadyosiba - 2012-04-10 15:02

      Your frame of mind is totally distorted dude. I suggest you speak for yourself and don’t drag the name of ANC in mud like Malema did. I, and most of true ANC members/supporters, have no claim of responsibility to those insulting remarks directed to Zille and her leadership by these youth league boys. We still pledge our non wavering respect to the vision of Madiba which Zuma, Malema and others are trying to tarnish. So be careful before you make any general claim.

      Makatikamusona - 2012-04-10 16:50

      @siyadyosiba how are you different because for me you sound like you speaking for ANC as well as other ANC Members,and beside that where you like it or not is gonna happen.

      Randomhero6661 - 2012-04-10 16:58

      if guns don't kill people , then people kill people which means toasters don't toast toast because toast toasts toast. This is pretty relevant to the discussion.

      siyadyosiba - 2012-04-10 18:43

      @makatika, fact and fallacy are different. your comment represents the latter.

  • elsabe.wessels1 - 2012-04-10 14:44

    So fed up with Malema and his i-think-i-can-get-away-with-anything-even-if-I've-been-found-guilty attitude! Helen, sue him until he decides to keep quiet and out of the limelight please!

  • James - 2012-04-10 14:50

    Helen after this you are my hero. ********Nail him to the wall.!! ***************

  • sandy.langenstrass - 2012-04-10 15:04

    His lack of manners have brought him to this...Malema was like ..a spoilt child who has no disciplining and gets away with bad behaviour who will in the end become a nightmare to society....I hope the DA make him pay for his indiscretion...I bet Malema's bottom lip will be pouting much better now.

  • eradingoana - 2012-04-10 15:17

    Surely the Sherriff is not serious. He must just take the documents to Malema 's home in Limpopo and if not found give them to someone on the property and if not wanting to accept them, through them into the property and go to the nearest Police station to make an Affidavit of what he has done and take the feedback to Court. If Malema wont come to Court, the case proceed in his absence based on the provided Affidavit.

  • ndzalamah - 2012-04-10 15:18

    I am 100% behind you president Malema. Negative comments and unlikes are not welcomed on this comment plz.

      Shirley - 2012-04-10 15:27

      President of what-the woodwork class????

      Foc - 2012-04-10 15:28

      ndzalamah yr mom phoned ... she said you going to be in trouble when she gets back from work and see that you were playing around on her PC!! She said I must tell you to go do your homework!!

      Vernon - 2012-04-10 15:35

      i was your 10th thumbs down

      Jason - 2012-04-10 15:55

      I agree Ndsalamah - These white ppl are evil, we need Malema to add better cover when stealing from the populace. Only he can drive in a mercedes and live in a 15million rand house while fighting for the rights of the impoverished. Viva Malema. Viva Corruption

      magomarele - 2012-04-10 16:13

      Ndzalamah, do you show support to Malema based on facts and reality or just blind loyalty? I mean, would you approve of anyone calling your mother a racist girl who is sleeping around when you know she isn't? Let's approach these matters objectively and fairly. By looking at every issue with anger because of what apartheid regime did to us won't help us move forward, and will definately make us look like those apartheid racists.

      Nigel - 2012-04-10 16:31

      INDLOVU !!! shame

      Kevin - 2012-04-10 18:23

      What kind of idiot are you? You dont want people with different views voicing them, after you hav made a naive and pathetic comment. You are 100% behind crude sexist and racial ephithets. Dumb dumber dumbest.

  • hoyingomane - 2012-04-10 15:20

    Obvious zille will win,judge Erasmus is DA as well.ANC must pay with tax payers money.

      Foc - 2012-04-10 15:30

      Your mom also phoned ... read the message above for ndzalamah

      Deon - 2012-04-10 15:48

      Anyone will beat anyone else when they failed to lodge oposing papers. This is how the law works.

      Ron - 2012-04-10 15:53

      She will win because the defendants' comments were defamatory, derogatory and downright uncouth - not to mention illegal! Show some intelligence, please!

  • hoyingomane - 2012-04-10 15:28

    Where the hell are black judges in this country?

      Foc - 2012-04-10 15:30

      If not in jail or in rehab they SHOULD be .... phone AA you will find them

      Vernon - 2012-04-10 15:34

      reversing into fences,drunk

      Jason - 2012-04-10 15:57

      Not only farmers hoyingomane but also old ladies offering you water. Remember a judge is supposed to be impartial whether he is black or white, how would his color effect the law?

      Shirley - 2012-04-10 16:00

      On suspension for drunk driving-[amongst other crimes]

      Nigel - 2012-04-10 16:33

      where the hell are black leaders in this country, is probably what you should be asking

      alfred.willie - 2012-04-11 11:41

      Look, there will be no imartiality here, but mark my words, they are going to LOOSE as there were other people turned against the truth but at the end the truth prevai.\r\nYou see, these people they look us like fools but they don't have the power ever again, let them open and push

      alfred.willie - 2012-04-11 11:41

      Look, there will be no imartiality here, but mark my words, they are going to LOOSE as there were other people turned against the truth but at the end the truth prevai.\r\nYou see, these people they look us like fools but they don't have the power ever again, let them open and push

      alfred.willie - 2012-04-11 11:41

      Look, there will be no imartiality here, but mark my words, they are going to LOOSE as there were other people turned against the truth but at the end the truth prevai.\r\nYou see, these people they look us like fools but they don't have the power ever again, let them open and push

  • AlQuestioningLife - 2012-04-10 15:29

    Has JM ever proved Helen her statement "Inkwekwe" or young uncircumcised boy false?

      HugoMabasa - 2012-04-11 17:38

      that will be his counter argument.

  • Vernon - 2012-04-10 15:33

    tighten those screws tannie

  • Herman - 2012-04-10 15:36

    HANG DIE BL**SEM!

      ncbobie - 2012-04-11 22:24

      this is very racist considering how many black politicians were hung for us to be free to express ourselves. you white people are very bigotrous and you use the social media to consort against black peaple and u use the same blacks to do so

  • Mbuyi Mabuya Maphalala - 2012-04-10 15:36

    If GodZille was not racist why did she appoint an all white mayoral executive, even Zuma's cabinet is multiracial inclusive of Mulder as Cabinet Minister. Voters of colour are just fronting and Lindiwe indeed is the madam's tea gal,not all africans are stupid to see that and in no time they'll see her true colours.

      Ken - 2012-04-10 15:48

      I bet your bastard offspring hate you as well

      Ron - 2012-04-10 15:55

      Do you want a defamation suit against you as well? Don't hide behind your PC and shout your mouth off! Lindiwe will nail your butt too!

      magomarele - 2012-04-10 15:58

      Mbuyi, would you approve of Malema or anyone for that matter, calling your mother a racist girl? I regard every elderly person, black or white, as my parent and will never call them racist girls or boys or insult them for that matter. It's unAfrican. Malema has no values or principles. He degrades my Pedi tribe.

      Jason - 2012-04-10 15:59

      The only way the cabinet could be all white would be if you considered colored folk as white.

      Mbuyi Mabuya Maphalala - 2012-04-10 16:06

      @ Ken

      Nigel - 2012-04-10 16:36

      Indlovu, being loyal to the struggle party, that is now just partying & struggling to govern is very dumb, eish, time to wakey wakey, unless you want to stay dumb & poor.

      HugoMabasa - 2012-04-11 17:39

      Ken

  • SARealist - 2012-04-10 15:45

    Go Helen Go and hit him where it hurts - his pocket

      tnmunyai - 2012-04-10 16:57

      Malema! This is a salary. U told them u will die defending them. Enjoy.

  • anthonyangiev - 2012-04-10 15:45

    Duncan Thabiso Mphailane - You are an absolute IDIOT!!! RACE is not a big issue in this country anymore, in fact, it's HARDLY an issue! You are either still living in your own little brainwashed world or whichever party you vote for OBVIOUSLY has the wrong principles! VIVA ZILLE!

      ncbobie - 2012-04-11 22:14

      how can an ignorant and biased person like you be objective because your statement is clearly subjective and anti malema. helen zille should also be sued for calling malema ikwekwe because in south africa this is the worst thing to say to a men

  • magomarele - 2012-04-10 15:51

    sue him Helen Zille, sue this moron. We support you all the way.

  • Eric - 2012-04-10 16:01

    Nathan has sure changed his attitude towards the DA since they fingered him for being an ANC lackey! Viva Godzille!

  • Sakhiwo - 2012-04-10 16:34

    Malema must just stand firm because all what he said was within political agenda

  • Sakhiwo - 2012-04-10 16:34

    Malema must just stand firm because all what he said was within political agenda

  • Madzela - 2012-04-10 16:51

    i dont care if he is expeled.bt he will always be my ancyl president

      shongwepatrick - 2012-04-10 17:34

      Stupid!

      alfred.willie - 2012-04-11 11:24

      My comrade, malema is a comrade in need and comrade in deed. I know the beneficiaries of the apartheid and present corruption will never agree instead they will fight but they fight is going to fail.

  • Martha - 2012-04-10 16:52

    Helen Zille knows what she is doing thats for sure, what a joke Malema dosn't seem to understand whats going on.

  • Shirley - 2012-04-10 16:53

    News 24: Why remove my comment-"nail his @ss to the wall"?? But comments from people stating they are "pleased white little old ladies are dead" are not???? I am starting to see a pattern as to "whos' comments are being removed! I am not the first person to mention this! If you cannot be fair on this site then dont have it!

  • Chris - 2012-04-10 17:32

    Malema will not file the documents as he believes he is above the Constitution's laws. Will the ANC's governing sextuplet be able to reign him in?

  • phathuchicos - 2012-04-10 17:42

    oh boy looks like juju has some work to do...with a huge political stage...comes some responsibilities boy.

      fonnie.smit - 2012-04-10 17:56

      His best contribution to our beloved country would be his demise by his own hand.

  • Craig - 2012-04-11 01:09

    and to think i am having to leave new zealand to come back to the very same reason i left south africa...malema and his insults to the so called colonialists...in nz the folks have been here more than 2oo years less than my family has been in sa..here they are kiwis there i am called a whitey and a boer not knowing where i belong as i am not according to malema..an african...so sad..so bad..yvonne

      Maqhawe - 2012-04-11 14:32

      I do not like Malema.Infact i hate him i want him to get expelled from the ANC and to luz all the money he has , however i would like to say that you do not have to come back to South Africa . You can stay there in New Zealand/Australia and be happy with your kind that ran away from change, do not subject yourself to unnecessary pain

      Maqhawe - 2012-04-11 14:33

      I do not like Malema.Infact i hate him i want him to get expelled from the ANC and to luz all the money he has , however i would like to say that you do not have to come back to South Africa . You can stay there in New Zealand/Australia and be happy with your kind that ran away from change, do not subject yourself to unnecessary pain

      Maqhawe - 2012-04-11 14:33

      I do not like Malema.Infact i hate him i want him to get expelled from the ANC and to luz all the money he has , however i would like to say that you do not have to come back to South Africa . You can stay there in New Zealand/Australia and be happy with your kind that ran away from change, do not subject yourself to unnecessary pain

  • Abram - 2012-04-11 11:14

    Why Zille called malema inkwekwe,

      HugoMabasa - 2012-04-11 17:43

      yes that will be a counter argument.More is to follow chf.This woman will soon have her tail between her legs.

  • Maqhawe - 2012-04-11 14:37

    For the first time EVER in my life i want Zille to win this . . . Go get him ! ! .

      HugoMabasa - 2012-04-11 17:44

      Shivambu's comments were unneccesary.He should pay.Juju's comments can easily be construed as criticism.

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