Malema to appeal hate speech judgment

2010-03-17 13:59

THE president of the ANC Youth League, Julius Malema, is going to

appeal the Johannesburg Equality Court ruling, which found him guilty of hate

speech, his organisation has said.

This, said was The ANCYL, said spokesperson Floyd Shivambu, was in

agreement with Constitutional Law expert, Pierre De Vos’ sentiments that the

ruling was wrong.

Shivambu pointed out De Vos’ blog entry on Constitutionally

Speaking, yesterday, which asserted that the ruling did not illustrate Malema’s

intention to incite hurt on rape victims or women victims.

“Many people fail to understand that hate speech as defined in

Pepuda (Promotion of Equality and Prevention of Unfair Discrimination Act)

requires more than making hurtful or harmful statements about someone,” De Vos


“If I say the president is a sex-obsessed idiot, or that Helen

Zille is a racist madam, it might be rude and it might even be defamatory but it

would not constitute hate speech as I would not be saying anything based on Zuma

or Zille’s race, sex or sexual orientation,” he wrote.

Shivambu said: “Unlike misguided elements, the ANCYL believes that

this observation is sober and constitutes part of the reasons why the president

of the ANCYL will appeal the ruling in a higher court.”

“In more than one occasion, ANCYL president has expressed

consistence with values of the ANCYL, his total commitment to the emancipation

of women from class, national and gender oppression.

“The ANCYL and its entire leadership respects South Africa’s legal

and judicial systems and processes,” Shivambu said.

He added that the organisation would work within these institutions

and processes to ensure that proper interpretation was given to the country’s


Sonke Gender Network took Malema to court after he said, with

reference to President Jacob Zuma’s rape accuser, that “when a woman didn’t

enjoy it (sexual intercourse), she leaves early in the morning”.

“Those who had a nice time will wait until the sun comes out,

request breakfast and taxi money. In the morning that lady requested breakfast

and taxi money. You don’t ask for taxi money from somebody who raped you,”

Malema had said.

The court found him guilty of hate speech on Monday and he was

ordered to apologise for his statements unconditionally within two weeks of the

judgment and pay R50?000 to People Opposing Women Abuse (Powa), a shelter for

abused women.

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