AS IT HAPPENED: #EFFvsKarimaBrown | No evidence to show link between Malema's tweet, threats received by Brown - court hears

2019-05-06 11:35

The Gauteng High Court sitting in Johannesburg will hear the matter between political journalist Karima Brown and Economic Freedom Fighters (EFF) leader Julius Malema.

EFF leader Julius Malema.
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Last Updated at 11:03
06 May 15:34
Judgement is reserved and court adjourned.

06 May 15:23
Budlender argues that you can clearly see the links between the tweet by Julius Malema and the messages Brown received because it refers directly back to the EFF and the tweet.

06 May 15:00

06 May 14:51
Can the messages Brown received be attributed to Julius Malema's tweet and that tweet alone? The IEC didn't think so" - Ngalwana.

06 May 14:42

06 May 14:27
Ngalwana submits in conclusion that this court does not have the jurisdiction to hear this matter and this is an abuse of process.

06 May 14:26

06 May 13:30
The court adjourns until 2pm. 

06 May 13:24
"In order to establish a link between Malema's tweet and the abusive messages reached there has to be a comparison made with the vitriol Brown received prior to that tweet. You cannot jump to that conclusion" - Ngalwana.

06 May 13:23

06 May 12:56

06 May 12:55
Ngalwana: The applicant is free to report freely about EFF, in relation to the election. The EFF has already had its final rally.

06 May 12:53
Ngalwana: The application is not urgent at all.

06 May 12:30

06 May 12:29
Ngalwana: She has not conducted herself in a manner that is fair, professional', as a journalist should be.

06 May 12:29

06 May 12:24
Ngalwana argues that the EFF has been critical of Brown & she has also been critical of the EFF. He goes through several examples which includes Brown accusing the EFF of race baiting & an article where she asks 'why the EFF is allowed to contest'. 

06 May 12:21

06 May 12:17
Vuyani Ngalwana now makes submissions. He reads Karima Brown's tweets, followed by the retweet by Malema along with subsequent text.

06 May 12:16

06 May 12:14
Budlender now deals with fair conduct of elections, saying it is fundamental to everyone. Argues that next time a journalist feels threatened, he/she will live not only in fear, but also with knowledge of being unable to go to court. 

06 May 12:14

06 May 12:09

Budlender: Suggested a fine of R100 000. We do say that a fine would be an appropriate remedy. 

Costs of 2 council included.


06 May 12:07

06 May 12:05
Budlender: When consequences followed, he (Malema) didn't stay stop. He refused to stop intimidation and violence. 

06 May 12:03

Budlender: We ask for a declaration, Here are the reasons why:

1. It is the foundation for what is sought.

2. It's clear that Malema and the EFF still don't understand what they have done wrong. Court should make a declaration so in future they know that it is unlawful.

3. The public needs to know that Mr Malema and the EFF broke the rules. 

 

06 May 11:58
On the issue of Brown taking the matter on review. Budlender say that the electoral commission did not make a decision. "It did not give the jurisdiction to do so, there is no review as the matter was not adjudicated by the IEC." 

06 May 11:52

06 May 11:47

The talk show host hauled Malema to court after receiving death and rape threats following the publication of her number on Twitter by Malema.  

Brown approached the Electoral Commission of South Africa (IEC) seeking intervention against Malema and his political party. She also opened a case of intimidation against the EFF and its leaders at the Rosebank police station in Johannesburg.


06 May 11:45
Budlender now deals with the question of urgency.

06 May 11:36

06 May 11:36
On the issue of jurisdiction - Budlender (SC) argues that this court has the jurisdiction. "The specialist court says that when you have a complaint, go to the High Court and if there is an appeal, come to us".

06 May 11:36

06 May 11:36
Budlender (SC) says that there are two things that Malema does not understand: one, that he is not allowed to make false allegations that a journalist is a spy (1/2).

06 May 11:36

06 May 11:36
"Malema has never taken responsibility or apologised for the month period where Brown was harrassed and intimidated after he published her cell number on twitter without her consent" - Budlender (SC) argues.

06 May 11:36

06 May 11:36

Budlender (SC) adds that when a fellow journalists asked Malema to withdraw his comments, he responded by saying "I won't do it".

"When threats were at their peak Mr Malema made no attempt to curb the abuse against Brown".


06 May 11:36

06 May 11:35
Ngalwana (SC) wants the court to decide on jurisdiction first before the matter is heard, "a court cannot exercise its powers unless the powers are confirmed".

06 May 11:35

06 May 11:35
Journalist Karima Brown is in the GP High Court in JHB seeking the court to rule that the EFF contravened parts of the electoral act after Julius Malema posted a tweet including Brown's cell number w/o her consent (leading to death & rape threats). 

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