Morning clouds. Mild.
Former Cabinet minister and ANC member Derek Hanekom is taking Jacob Zuma to court to the tune of R500 000 for defamation, after the former president tweeted that he was a 'known enemy agent'.
Judge Daya Pillay has reserved judgment after both legal team's put forward their arguments.
She has promised to deliver judgment as soon as possible.
That's it for today. Stay with News24 as we bring you more on this defamation case.
The matter will resume later this afternoon. In the meantime, here's a recap of Hanekom's argument.
#HanekomZuma: Steinberg says #DerekHanekom would not object to being called a spy. He went to jail for treason, he went to jail for being a spy. But he was a spy for the ANC. To be called a spy for the enemy is defamatory when he dedicated his life to the struggle. @etvNewsSA— Nabeelah Shaikh (@Nabeelah_Shaikh) August 23, 2019
#HanekomZuma: Steinberg says #DerekHanekom would not object to being called a spy. He went to jail for treason, he went to jail for being a spy. But he was a spy for the ANC. To be called a spy for the enemy is defamatory when he dedicated his life to the struggle. @etvNewsSA
"This is a matter that shouldn't be here."
Sikhakhane says bringing the matter to court is an abuse of the court process.
He says it can't be solved in court.
Advocate Sikhakhane says Zuma's statement - on its own, without attaching the words "apartheid spy" - is true. He says "but that it's true does not mean it's not defamatory".
Sikhakhane says it would be "incompetent" to interdict Mr Zuma from saying certain things at the Zondo commission of inquiry.
He says Zuma has a duty to be truthful before the commission and compelled to give evidence if he has it and it's true (and he can back it up).
Sikhakhane argues that the matter is not urgent as other statements were made about Mr Hanekom before Mr Zuma's tweet about him.
Sikhakhane says a court order won't stop the other tweets about Mr Hanekom.
Sikhakhane says South Africa has a "dynamic political climate" and it's wrong to think that when people "beat each other up" in political debate it is always about apartheid.
Sikhakhane: There is nothing in Malema's revelation (on Hanekom's meeting with the EFF) that talk about the conflict during apartheid.
NOTE: It was Julius Malema who revealed that Hanekom had met the EFF to discuss working together to oust Jacob Zuma as president in through a motion of no confidence in 2017.
Steinberg: We admit that #Hanekom conspired to have #Zuma removed as State President but this does not mean that #Hanekom was a spy. @NkoRaphael— EWN Reporter (@ewnreporter) August 23, 2019
Steinberg: We admit that #Hanekom conspired to have #Zuma removed as State President but this does not mean that #Hanekom was a spy. @NkoRaphael
Sikhakhane says Zuma's use of the word "known" carries that meaning that he, Zuma, and others in the ANC knew Hanekom was working with the EFF.
He says it would be a leap to ignore the current conflict and imply that Zuma was calling Hanekom an apartheid spy.
Sikhakhane, in responding to the judge about who the "enemy" is, says the enemy, in 2019, is seen as the EFF and other political parties.
Sikhakhane is thus trying to distance Zuma from any arguments that he was linking Hanekom to the apartheid regime.
Zuma's legal team has submitted the ANC's constitution as part of its argument.
Advocate Sikhakhane focuses specifically on the part dealing with acts of misconduct.
"Therein your ladyship will see that, because we can't just describe these things in terms of our own political views and preferences outside the context where they are happening - we are not ANC members, we have no ability to interpret the politics of the ANC as lawyers and judges outside that. What guides us is to look at how do they themselves describe conduct about which this court is being asked to deliberate ... This very admitted conduct [Hanekom's meeting with the EFF] is described in this constitution as an offence. That's the context. And I'm raising it because if we get outside of the prescripts of these parties we delve into our own value judgements about people we like or dislike, and we're going to go wrong."
Advocate Sikhakhane explains Zuma's use of the word "agent", placing it in the context that Mr Hanekom worked with people outside of his party to remove a duly elected leader of his own organisation.
He says it's not about whether people like Mr Zuma or not.
It's about whether Mr Hanekom's conduct at the time was appropriate or not.
Zuma's former spin doctor Mac Maharaj backs Hanekom suing ex-president
Mac Maharaj, who once did Jacob Zuma's bidding as his presidential spokesperson, has backed Derek Hanekom and Siphiwe Nyanda, both of whom have been accused of being agents and spies by their former ANC leader.
Much ado about nothing around Derek Hanekom
In 2017, there was a constant buzz about a possible breakaway party being formed if the Zuma faction won at the Nasrec conference. Everyone was debating the possibility, not just Derek Hanekom, writes Melanie Verwoerd.
ANC should deal with Hanekom spy claims, not courts - Zuma
Former president Jacob Zuma says former tourism minister Derek Hanekom's defamation case against him, instituted after Zuma tweeted that Hanekom was a "known enemy agent", is a matter the ANC should deal with - not the courts.
Derek Hanekom arrived in court this morning, seemingly in high spirits.
Earlier: Derek Hanekom arrives at the Durban High Court ahead of the court case against former president Jacob Zuma. This after Zuma called him a spy in a recent tweet. pic.twitter.com/mUhIIJx2Qc— SABC News Online (@SABCNewsOnline) August 23, 2019
Earlier: Derek Hanekom arrives at the Durban High Court ahead of the court case against former president Jacob Zuma. This after Zuma called him a spy in a recent tweet. pic.twitter.com/mUhIIJx2Qc
Derek Hanekom sues Jacob Zuma for R500K for calling him 'apartheid spy'
Former Cabinet minister and prominent ANC member Derek Hanekom is taking former president Jacob Zuma to court to the tune of R500 000 for defamation.
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