Julius Malema emerges victorious in hate speech case vs Sanef

EFF leader Julius Malema has come out on top of his legal battle with the South African National Editors Forum (Sanef). The organisation, who represent the country’s journalists and media professionals, went to court for what they perceived as “threatening language and hate speech” Juju had directed towards them.

Julius Malema off the hook for hate speech

Malema and his deputy, Floyd Shivambu, had threatened media blackouts and rallied against journalists they accused of being “agents of white monopoly capital” – but party supporters also got into the mean-spirit of things. Sanef were upset by the fact their members were called “witches, bitches and c***s”.

The group believe that Malema’s so-called threats – and the subsequent reaction from his EFF followers online – has spooked many journalists across the country. Advocate Daniel Berger argued that the vicious language used by Juju constitutes hate speech and that he’s fostered an environment of “intimidation” against journalists:

How Julius Malema won his case against Sanef

Advocate Tembeka Ngcukaitobi SC for the EFF previously told the court that “trolls from faceless and nameless Twitter accounts” were harassing the Red Berets just as much as they were anyone else: Sanef were adamant that Julius Malema was inciting violence and ill-sentiment towards some of their members online.

Ultimately, it was Ngcukaitobi’s defence which won the court over. The judge ruled that there was no “hate speech” case to answer for, and that no costs order could be held against Malema.

That’s because journalists aren’t implicitly guarded against hatred by the law – it’s not like your skin colour or ethnicity, which a person has no control over – getting into journalism “is a choice”, and therefore, the same protections don’t apply as they would to other hate speech cases.

BREAKING :Sanef loses court application to gag Julius Malema from intimidating media on public platforms. Judge say journalism a chosen career and not protected under Equality Act. @IOL @pretorianews @SAEditorsForum pic.twitter.com/65S69M8611

— Zelda Venter (@ZeldaVenter) October 24, 2019

Sanef’ sombre reaction

Sanef reacted to the judgement via their social media channels. They accepted the decision, despite losing the case, and have promised to respond once the full verdict is shared. The group were hoping for a public apology and a settlement from Julius Malema, but alas, that won’t be coming their way on Thursday.

The South African National Editors' Forum has noted that it has lost its case against the EFF.
SANEF respects the court’s ruling and we are awaiting the full judgment.

— SANEF (@SAEditorsForum) October 24, 2019