The Equality Court on Thursday dismissed public enterprises
minister Pravin Gordhan's hate speech case against EFF leader Julius Malema.
Judge Roland Sutherland dismissed the matter with costs,
including the costs of two counsel.
“Despite the fact that the utterances were indeed hateful
and aimed at engendering hatred against the applicant, the applicant has failed
to bring his understandable grievances within the compass of the Equality Act,”
Sutherland ruled.
Gordhan lodged a complaint with the court after Malema
accused him of being corrupt and a lackey of white monopoly capital, among
other slurs.
The incident took place outside the state capture inquiry
in November 2018. Gordhan charged that Malema had contravened section 10 of the
Equality Act.
Sutherland found that Malema's verbal attack on Gordhan was
personal and not directed at Indians, as the minister had argued in part of his
application.
“The utterances address the applicant as an individual and
not as a member of a class or group of persons as defined in the prohibited
grounds,” Sutherland's judgment read.
The EFF's Godrich Gardee said the party welcomed the
judgment. “In the absence of political speeches and political rights, and
freedom of speech by the opposition, we may as well close shop,” he said.
Gardee said Malema’s speech was not intended to incite
violence.
He wouldn't be drawn on questions about what Malema’s
reaction would be to the judgment. “[The judgment] is not about our president
[Malema], but about Mr Jamnadas [Gordhan]. It is actually about Mr Jamnadas and
the country, and the African people, because he is there as the white monopoly
capital security guard and we shall be dealing with that phenomenon soon,”
Gardee said. Sowetan
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