Court dismisses ANC’s application
JOBURG - The South Gauteng High Court has dismissed the ANC’s application against the DA’s SMS which stated that President Jacob Zuma stole public funds.
The ANC wanted the court to order that the DA retract the SMS, stop sending it and apologise, or be fined up to R200 000.
Acting judge Mike Hellens dismissed the ANC’s application with costs, stating that the content of the SMS was fair comment.
He further found that the ANC failed to properly argue their case because they never tabled what the Nkandla report actually said.
The judge also disagreed with the ANC’s interpretation of electoral law because the party’s argument conflicted with “freedom of expression” and the Bill of Rights.
Hellens wrapped Zuma over the knuckles, noting that the president violated the Executive Ethics Code and failed to discharge his duty as president.
The Da welcomed the judgement, saying it was a “massive victory”.
The DA’s Gauteng Premier candidate Mmusi Maimane said the ruling was a victory for freedom of speech and for the truth about Nkandla.
ANC Advocate Gcina Malindi said the judgement should not be read as a licence to engage in slander, insults and defamation of people’s characters.
Shortly after the Public Protector released her report on the security upgrades made to Zuma’s Nkandla home, the DA sent more than 1.5 million SMSses to prospective Gauteng voters accusing Zuma of stealing public money to build his private residence.
The SMS stated: “The Nkandla report shows how Zuma stole your money to build his R246m home. Vote DA on 7 May to beat corruption. Together for change.”
The ANC commented on Twitter saying, “We note and will study the judgement and consult with counsel to evaluate the options available to us #DAsms.”
In a series of tweets the ruling party added, “On the face of judgement it appears that the judge erred in applying laws of defamation to a matter governed by Electoral laws #DAsms.
“Further, the court seemed to have erred by not accepting that the right to freedom of expression is correctly limited by the Electoral Act.”
