AS IT HAPPENED | Hanekom defamation: Former minister denies spying for the enemy, Zuma says he acted against ANC constitution

2019-08-23 12:31

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'.

 Derek Hanekom.

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Last Updated at 06:59
23 Aug 15:07

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.

23 Aug 14:39

The matter will resume later this afternoon. In the meantime, here's a recap of Hanekom's argument.

23 Aug 14:32

"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.

23 Aug 14:29
Sikhakhane says in the context of political speak and the conflict between the parties to call someone what Hanekom did an enemy is "fair comment and reasonable".

23 Aug 14:27

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".

23 Aug 14:16
Sikhakhane says the Zondo commission of inquiry is the right and relevant forum to determine the truthfulness of evidence Zuma gives there and he can't be barred from giving evidence before he even gets there.

23 Aug 13:53

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).

23 Aug 13:50

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.

23 Aug 13:47

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.

23 Aug 13:45
Sikhakhane: We just get out of this context [Malema's context for his comments] to fetch apartheid because we are familiar with that term, because we think that's what it means, because intellectually we cannot analyse the conflict of the past 25 years without reference to conflicts [more than] a quarter of a century ago ...

23 Aug 13:39
Sikhakhane says Malema, in his comments, wasn't talking about apartheid.

23 Aug 13:24

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.

23 Aug 13:20


23 Aug 13:19

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.

23 Aug 13:16
Sikhakhane, on why Hanekom is an EFF agent: Because he seeks, in their view, to advance what is not the idea of his party but the idea of its adversaries.

23 Aug 13:14

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.

23 Aug 13:10
Sikhakhane argues that tweets posted in which Hanekom was called a spy - in reaction to Zuma's tweet - cannot be used to find that Zuma himself called Hanekom a spy. He can't be held responsible for other people calling Hanekom a spy.

23 Aug 13:00

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."

23 Aug 12:49

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.

23 Aug 12:47
Sikhakhane: What I’m saying is that the use of the word “enemy” in this context means a foe and adversary.

23 Aug 12:44
Sikhakhane: Their roles in the liberation movement are not in question in this court and it would be dangerous for us and, my learned friend and I, to start venturing into between Mr Zuma and Mr Hanekom who is the top freedom fighter. It’s not what we must determine. What we must determine is has the applicant Mr Hanekom reasonably brought a statement that could reasonably be interpreted the way he says. That is the test. Is whether that statement – which is not disputed, he said it – is it reasonable to say in these proceedings that a reasonable person interpreted it to mean “enemy agent”?

23 Aug 12:37
Derek Hanekom wants Jacob Zuma to apologise for insinuating he was a spy. He also wants the court to bar Zuma from calling or suggesting Hanekom was a spy in future.

23 Aug 12:34
Sikhakhane says Mr Zuma never called Mr Hanekom a spy in the tweet. There’s no factual basis for that interpretation [interpretation that there is an insinuation that Zuma calls Hanekom a spy].

23 Aug 12:33
The matter is being argued in court. Advocate Muzi Sikhakhane is arguing for former president Jacob Zuma.

23 Aug 12:33
Former president Jacob Zuma made explosive claims when he appeared at the state capture inquiry.

23 Aug 12:33

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.

23 Aug 12:33

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.

23 Aug 12:33

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.

23 Aug 12:33

Derek Hanekom arrived in court this morning, seemingly in high spirits.

23 Aug 12:32

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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