Malema to fight Guptas gag order

Julius Malema addresses his EFF supporters outside the Constitutional Court where they have challenged President Zuma over the upgrades to his Nkandla home in which they claim he broke the law by disregarding the Public Protector's remedial action. 090216. Picture: Chris Collingridge 986

Julius Malema addresses his EFF supporters outside the Constitutional Court where they have challenged President Zuma over the upgrades to his Nkandla home in which they claim he broke the law by disregarding the Public Protector's remedial action. 090216. Picture: Chris Collingridge 986

Published Feb 10, 2016

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Pretoria - Team Julius Malema was “shocked” and disappointed by a court order barring the EFF and its leader from badmouthing the Gupta family on Tuesday.

Malema may also not threaten or incite violence against the family, but all indications are that the fierce politician will fight back.

His lawyer, Tumi Mokoena, said they would study the findings, but was almost certain that they would return to court to appeal the ruling. They have 14 days in which to lodge an appeal.

In terms of the order, Malema and his party members may not refer to the Gupta family ever again in a threatening or derogatory manner.

Read: Guptas get gag order against Malema

Mokoena afterwards remarked that this was a very wide order. He expressed his shock that it was not even an interim order, but that the judge made it final.

Judge Johan Louw, in granting the order in favour of the Guptas, said he would give reasons later 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 and in media statements utter anything which could be damaging to the Gupta family.

They may also not bar The New Age or ANN-7 representatives from any public events.

They may not repeat previous or further threats of violence, make new threats or utter anything which could be perceived as inciting violence towards the family and their employees.

The court also granted an order directing acting national police commissioner Lieutenant-General Khomotso Phahlane 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.

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They said that Malema and his party openly incited violence against them.

The family turned to court at the same time that the EFF and the DA were in the Constitutional Court demanding that President Jacob Zuma, a close friend of the Guptas, paid back the money spend on Nkandla.

Malema said last week the Guptas, or “Zuptas”, as he referred to them, would clearly get the message during the marches before and after the hearing in Braamfontein that they were not welcome in the country. He said he could not guarantee their safety.

He lashed out at the family on national television and subsequently made several comments regarding them and their relationship with the president.

Malema also made it clear that media houses within the company - The New Age and ANN-7 - were not welcome at any of the EFF gatherings.

Nazeem Howa, head of Oakbay Investments, the Gupta holding company, said in a statement handed to court that he was taking the threats made by Malema seriously.

Howa said it was clear that Malema and the EFF intended to also use their members and their resources to destroy the businesses of the family and would violently prevent them from conducting their operations on a day-to-day basis.

Howa said several of the family’s employees also received threatening phone calls over the weekend.

Nic Maritz SC, appearing for the Guptas, read out an editorial published in the Pretoria News on Monday, condemning Malema’s utterances against the Guptas.

“The Pretoria News made it clear that he had overstepped his boundaries by calling for violence. That is what the ordinary man will understand.” Maritz said Malema’s uttering were clearly incitement to violence.

But advocate Ishmael Semenya SC, acting for Malema, said it was a campaign speech and should be viewed in the context in which it was made. “This is a party political speech in a year in which there are elections.”

Semenya said Malema did not mean the Guptas any harm.

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