Settlement in Shivambu hate speech case

2012-04-24 14:52

Johannesburg - Suspended ANC Youth League spokesperson Floyd Shivambu and journalist Carien du Plessis reached a settlement agreement on Tuesday in a hate speech case before the Johannesburg Equality Court.

The parties signed the settlement, which included an admission and apology by Shivambu.

Du Plessis said: "I am glad he has apologised and relieved that it's come to an end. It is a vindication for the profession of journalism."

A journalist asked Shivambu if he would shake Du Plessis's hand for a photo opportunity, but he declined.

Du Plessis brought hate speech charges against Shivambu after an SMS exchange between them in May 2010.

In the SMS he wrote: "You must learn to respect people. I don't comment on YCL issues and please stop being stupid... I wouldn't want to earn respect from white bitches... so dream on."

Du Plessis was suing for R100 000 in damages, but the settlement had no monetary component.


Within moments of the magistrate announcing that the settlement had been reached, Shivambu issued a statement on the matter.

"I signed the settlement because I did not deem it valuable to continue with court cases that have no bearing or influence in the struggle for economic freedom in our lifetime," he said.

"My legal representatives advised that I sign the settlement agreement, and I complied because the court proceedings are a waste of time on a non-issue."

The court previously ruled that Shivambu pay Du Plessis's legal costs, amounting to R18 000, because it appeared he had tried to stall proceedings by asking for postponements when they were unwarranted.

This was one of three cost orders against Shivambu in this matter, and he had so far failed to pay.

Earlier, defence attorney Lucky Maunatlala had asked for a postponement.

Du Plessis's advocate, Richard Moultrie said he was "astounded" that Shivambu's team should ask for a postponement simply because Shivambu was too busy to meet his legal team.

"[He] regards himself as more important and worthy of indulgence than [Du Plessis] ... and thinks he is more important than this court.

"This matter will not benefit from any postponement."

Shivambu appeared in court wearing a black leather trench coat. During proceedings he played with his tablet computer, and occasionally whispered to his legal team.

Earlier this month, Shivambu was found guilty by the ANC's National Disciplinary Committee of sowing division and bringing the party into disrepute. He was suspended from the ANC for three years for swearing at a journalist and for issuing a statement calling for a change of government in Botswana.

On Tuesday there were reports that he and suspended ANCYL president Julius Malema would receive feedback from the National Disciplinary Committee of Appeals later in the day on whether the sanctions against them would be upheld.

  • Irene - 2012-04-24 14:56

    Well done Carien du Plessis for bringing Snake Eyes to book.

      Ilze - 2012-04-24 16:26

      Yes, well done Carien du Plessis. Unlike you Irene Carien is a journalist who stands her ground, But she's not a racist. That "black bitch..." nonensense you wrote is not only in bad taste it shows your lack of wisdom. You're doing the very thing Carien and so many intelligent people in this country are trying to fight against.

  • Koos - 2012-04-24 14:58

    Why, no financial compensation for the suffering the ANCYL person put her through? She should have taken him for a million maybe more. You can see he still has no respect for females especially if they are white and settling in this manner does NOT teach this ANCYL member anything except that he can get away with it.

      Helen - 2012-04-24 15:24

      He clearly has no respect for himself! I think Carien can move on quite happily with out any response from him!

      John - 2012-04-24 16:23

      Koos when the mother body of their political party has squashed them, the hawks and sars will be at their front doors and there wont be any thing left to pay carien although i agree with you ,chasing the money will be a waste of time, as with al capone these gangsters time has arrived.

  • Dave - 2012-04-24 14:59

    And they say that Zille wasnt sincere in her

      siyadyosiba - 2012-04-24 15:17

      Who is they? And who are you?

      Rob - 2012-04-24 15:31

      When I see " They " I always think it refers to either the ANC or the peace loving majority race.

  • richard.hipkin - 2012-04-24 15:00

    "I signed the settlement because I did not deem it valuable to continue with court cases that have no bearing or influence in the struggle for economic freedom in our lifetime," he said. Blah blah blah snore...

      Felix - 2012-04-24 15:07

      I think he means the 'struggle to hide his stolen tax money from SARS'.

  • Shirley - 2012-04-24 15:02

    Settlement reached maybe,however he still remains a racist,egotystical fool! Big mouth and no brains!

  • Gladstone - 2012-04-24 15:04

    I'm tired of these guys. They are turning Our country into Sesame Street now. Why can't they all be fired from being leaders? No Guyz, I am So Sick

  • Jason - 2012-04-24 15:04

    Don't let any other news distract us from the real issue at hand.

      ozzie.oz1 - 2012-04-24 15:20

      Excellent post Jason - opens another huge can of worms me thinks!

  • Marion - 2012-04-24 15:05

    Shivambu - so this was a non-event to you was it? Your lawyers told you to sign 'cos they knew that you were going to be zapped big time. Wonder who your favourite rap artist is.

  • bluzulu - 2012-04-24 15:06

    oohhhhh.......NEWS24 to the rescue. What exactly is the Agenda. Maybe we can sue this Napster creeps. K then I will reiterate the point ; If Du Plessis has seen what gets posted on this site, she would probably, no definitely reconsider the case and hand the dosh back.

      Smile - 2012-04-24 15:12

      bluzulu - If you dont like news24 go some where else. It's not like anyone is forcing you. Actualy we would celebrate you leaving. VIVA FREE SPEECH AND FREE JOURNALISM>!!

      Irene - 2012-04-24 15:13

      Smile ~ 100000 thumbs up! Ditto what you said.

      Gareth - 2012-04-24 15:16

      If she saw this site she'd see it's 50/50, and carry on the way it was because of what he called her, not what one second rate news site comments section says, with both sides being insistent on moaning and playing the victim.

      Gladstone - 2012-04-24 15:22

      @blu...., you don't deserve that name you'd give yourself. Zulu means Heaven in our language, and you are this moron, nobody, bastard anything like that. Use your brains.

      Irene - 2012-04-24 15:24

      bluezulu ~ ""I wouldn't want to earn respect from dilly black bitches... so dream on."" How does that sound?

      Koos - 2012-04-24 15:26

      BlueZulu, what is it with you and prehistoric turds?

      Heiku - 2012-04-24 15:29

      "Fossilized prehistoric turds" That's hate speech. Since you're obviously economically imprisoned I will take my 100k in monthly payments of R1000.

      Gladstone - 2012-04-24 15:33

      Hey apoligise and leave N24 as in now, because these pigs are swearing at our wives, mothers and daughters.

      Mike - 2012-04-24 15:41

      Are you ashamed of being Indian? Then what's wrong with BLUHINDI (or similar)?

  • Gareth - 2012-04-24 15:13

    Not even a handshake, what a complete waste of time!

  • Smile - 2012-04-24 15:13

    This is the ANC at it's best. Disgusting and corrupt. I hope they get what is comming to them.

  • Herman - 2012-04-24 15:14

    He signed the agreement because he have no money to pay - anc kicked him in the nuts!

  • jbester1 - 2012-04-24 15:16

    Ons vir jou Suid-Afrika! Our "leaders" are a joke!

  • Burtfred - 2012-04-24 15:16

    "My legal representatives advised that I sign the settlement agreement, and I complied because the court proceedings are a waste of time on a non-issue." A forced apology is no apology at all - his refusal to shake her hand indicates that he still thinks she's a "white bitch"

      Irene - 2012-04-24 15:23

      Manners is not a strong point of anyone connected to the Yoof Leek.

      Smile - 2012-04-24 15:27

      - Or brains it seems. We can blame it failed mother body for it's lack of education and morals.

      Koos - 2012-04-24 15:28

      .. and he now knows he can get away with it.

      Rob - 2012-04-24 15:37

      Years of ANC rule has made many blacks bitter, but rather then criticise their " own " they turn their hatred on the Whites, and....LOL..STILL vote ANC. You wanted it, you got it & now you be having it !

  • siyadyosiba - 2012-04-24 15:26

    That’s a very nasty behaviour from Shivambu. Sometimes you just need not to comment if your comments will nullify all that preceded them. Not commenting after signing the agreement would have served some good even if inside he feels that he still "hates" the juorno. He’s arrogant and ignorant. I’m not sad at all that he is counting few days as an ANC member particularly a “leader”.

  • Loo - 2012-04-24 15:47

    Settlement should have been a good old fashioned "warm klap" against that little retarded "Oros man's" ear.

  • Tumelo - 2012-04-24 15:48

    Another apology which was not heartfelt!

  • Bob - 2012-04-24 15:51

    Can one of these whop-heads please explain to me what the hell is the "struggle for economic freedom" mean??? What more do they want? They really are a pathetic bunch without a clue as to what life is about!

      Mbavhalelo - 2012-04-26 17:26

      Bob u are probably benefiting a great deal frm delegacy of de oppression dat was done over de black race. U cannot knw what the struggle 4 economic freedom in our lifetime bcos u eat and u are full everyday as a result of ur 4fathers' oppression of my 4fathers. If u are a black person still talking like dat u seriously need some political historical education of what transpired when de white race oppressed de black race. I hate no body bt blv me we want our land back and we also want access to the wealth dat was made in dis land and we de original dwellers being excluded for over 100 yrs. Leaders like Ramaphosa, Manuel, and Zuma are a dissapointment, Ramaphosa supports a change in some labour laws dat protect workers, Zuma merries countless women, Manuel is also of de view as Ramaphosa. This guys speak like dis bcos dey are loaded and their chikdren will never face an oppresion of de employer cos daddy's name will save dem

  • Piet - 2012-04-24 15:57

    Carien, never turn you back on him....Trust him as far as you could throw him...

  • Terence - 2012-04-24 16:00

    His apology is obviously completely in-sincere. Hopefully he will be forced to pay punative legal costs to both his own attorneys as well as the journo`s.Once he has been expelled from the ANCYL these costs will have to come out of his own pocket - That should make him think twice before opening his mouth in the public domain next time.

  • Adil Smit - 2012-04-24 16:05

    Not a gentleman.

  • Nigel - 2012-04-24 16:06

    we don't accept this lying son of a bitchs fake apology, stupid bloody agent!!!! lol, & these thugs supporters have the hypocritical audacity to question the integrity of Hellen ZIlles apology, shame, their ignorant arrogance knows now bounds.

  • Rob - 2012-04-24 16:10

    Was there a 'financial settlement' ? If so from the 'tax payers pocket'?

      Rob - 2012-04-24 16:57

      Rob. Lol...Either put a picture next to your name or extend the name. Be warned, commenting under the name of " Rob. " has its risks !

  • Antipoaching - 2012-04-24 16:14

    Justice certainly wasn't served, his attitude towards the Court was appaling... I think Carien du Plessis should have continued the fight and refused to settle the matter

  • revaro.winkler - 2012-04-24 16:27

    no respect by these rock stars

  • Nicholas - 2012-04-24 17:36

    Shivambu you are are class act scumbag.

  • maseratifittipaldi - 2012-04-24 18:05

    "My legal representatives advised that I sign the settlement agreement, and I complied because the court proceedings are a waste of time on a non-issue." So there was no apology at all. Shivambu you are sole!

  • Lerato - 2012-04-24 19:23

    What a waste of time. Big yawn!

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