Court queries ANC, Malema conflict of interest

2012-09-24 20:33

Johannesburg - The Supreme Court of Appeal (SCA) questioned the use of the same legal team to represent both the ANC and Julius Malema in their appeal against the "shoot the boer" song ruling.

A letter by SCA registrar BJ Mashinini to the counsel representing both Malema and the ANC stated judges requested them to consider whether it was "appropriate for the same legal representatives to represent both appellants".

This was in "regard to the apparent conflict or disparity of interest between them," the letter said.

The judges sought a response by Tuesday.

It was announced on 29 February by the ANC's national disciplinary committee that Malema was expelled from the ruling party, having been suspended for five years previously.

This was due to "sowing divisions" in the African National Congress and bringing the party "into disrepute".

An urgent application to enforce an order stopping Malema from singing "shoot the boer" was lodged on 5 September, lobby group AfriForum said at the time.

"This follows after Malema repeatedly sang the controversial song 'dubula ibhunu' during his public appearances before mineworkers," the group's lawyer Willie Spies said in a statement.

He said the former ANC Youth League leader's conduct came amid rising tensions in the gold and platinum mining sector.

"In addition, Malema made various utterances attributing the difficulties of mineworkers to whites."

The application was lodged in the South Gauteng High Court.

In September last year, the court, sitting at the Equality Court, convicted Malema of hate speech after AfriForum took him to court for singing the song.

Judge Colin Lamont held the words undermined people's dignity and were discriminatory and harmful.

Malema lost an application in November for leave to appeal directly to the Constitutional Court against the hate speech ruling. He filed a notice of appeal with the SCA in December. Lamont granted him leave to appeal.

The SCA was expected to hear the matter in October.

  • crracker.crackerr - 2012-09-24 21:04

    The arguments and the facts presented require consideration. Let's not again see legal irrelevancies decide or skirt the issues. What can or will in any event be diffetent in the outcome if some other legal team rocks up? The parties have elected and appointed their legal team(s). C'mon! We have so many red herrings in this country that we do not need some judge or judges to create more. After all, if the ANC and Julius Malema wish to have conflicting interests that is THEIR problem. How can it influence a decision based on the facts and arguments on record?

      crracker.crackerr - 2012-09-24 21:13

      Quite frankly, maybe the judges are afraid of making a decision. To raise such a silly ground which simply cannot affect the arguments on record is VERY suspicious.

  • louwc - 2012-09-24 22:05

    Interresting stuff (not really) - But a government agency, i.e. SARS, brought charges against him. Apparently he owes them R18million. He is now in talks with SARS and maybe will walk away with having to pay R9million settlement and a R1million fine. Its a good way to do business a nett gain of R8million. I will settle for that and then they can PR the hell out of the fine he paid.....Don't know, but it worked for a lot of other rich people, black and white..Would like to see SARS not accepting a settlement.

  • Lionel - 2012-09-24 22:23

    what can we do to unite this country??? wish that our differences doesnt affect the next generation...Nkosi Sekeleli Africa.

      danny.zulu.79 - 2012-09-24 22:36

      Some things never change dear we fight for peace and we say let t unite but our struggle fell on rocks, only when whites see what's coming their way then we shall be one.

      danny.zulu.79 - 2012-09-24 23:20

      The changing of weather says it all.

  • mathivha.obert - 2012-09-24 23:15

    I smell a rat here, cases are decided on facts, not "conflict of interest"

  • Gerald Jordaan - 2012-09-25 07:43

    Both the ANC and a*shole are appealing the banning of singing shoot the boer songs !! Should the appeal be successful then we should come up with appropriate shoot the a*shole and ANC songs !!

  • mzondistanley - 2012-09-25 09:58

    In the Judges Head, He is seeing images which the Country can not see!! At Best reactionery Politics multiplied by Incxompetence and un willing to serve the Nation!! To Minister Radebe, Please put up Performance Contract for Judges, they are eating Money by delays and creation of Back logs!!

  • maditabalucia.mmatli - 2012-09-25 20:30

    am realy tired of hearing about malema, perhaps theres nomore news to report am longing for the news about peace and prosperity in our country,ennnnnnnnnouugh about this boy..

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