Johannesburg - The Gupta family late on Tuesday afternoon scored a major victory over Julius Malema and the EFF, when he and his party were interdicted from badmouthing, threatening or inciting violence against the family and their employees.
Judge Johan Louw, in granting the order in favour of the Guptas, said he will later give reasons for his decision.
In terms of the order delivered in the high court in Pretoria, neither Malema nor his party members may during public speeches nor in media releases utter anything which could be damaging to the Gupta family. They may also not bar The New Age or ANN-7 from any public events.
The court also granted an order directing Lieutenant General Khomotso Phahlane, the acting national police commissioner, to protect the interests of the Gupta family if Malema and the EFF did not comply with the court order.
The Guptas lodged an urgent application against Malema and the EFF for an interdict, as they feared for their safety and that of their employees. They stated that Malema and his party openly incited violence against them.
Nazeem Howa, CEO of Oakbay Investments, the Gupta holding company, said in a statement handed to court that he is taking the threats made by Malema seriously. Malema made it public that he banned any journalist belonging to the Gupta stable from covering and attending any EFF events.
Malema, among others, warned about the Guptas and their employees that “no one can guarantee their safety in this Gauteng.” He also vowed to “eject” the Guptas from this country.
Howa said it is clear that Malema and the EFF intend to use their members and their resources to destroy the business of the applicants and will stop by no means to violently prevent the applicants from conducting its business on a day to day basis.”
It was argued on behalf of Malema that this was simple “campaign speech” in a year where elections were waiting. It was denied that Malema intended to resort to any type of violence against the family or their employees.
But Judge Louw questioned why, when it was earlier suggested that this application stood down to Wednesday - in light of the Constitutional Court application - Malema refused to give an undertaking that he will not resort to any badmouthing or violence until then.
The Malema camp meanwhile said they were shocked by the order barring him and they may appeal the ruling.
IOL
*Use IOL’s Facebook and Twitter pages to comment on our stories. See links below.