- The Equality Court in Cape Town has scheduled closing arguments for early December in a hate speech case between a Brackenfell man and EFF leader Julius Malema.
- The applicant’s attorneys have requested an earlier date to conclude the case, which centers on alleged hate speech made by Malema during a speech in October 2022.
- The applicant is seeking damages and a retraction of Malema’s words, with the case also involving the SA Human Rights Commission due to previous findings of hate speech.
A date has been set down for early December for closing arguments in an alleged hate speech case between a Brackenfell man and EFF leader Julius Malema in the Equality court in Cape Town, where damages to an amount of R1 million is being sought.
However, attorneys representing applicant Danté van Wyk have applied for an earlier date to finalise the case of which the hearing concluded in March this year.
Millie Westley from law firm Thomson Wilks says they aren’t happy with the December date and is anxiously awaiting a decision in the matter.
The date was first set for June, but postponed to 4 and 5 December due to the presiding judge not being available.
says Westley.
In addition to damages, Westley says they seek from the court that Malema, if guilty of hate speech, retracts his words and the case be referred to the National Prosecuting Authority for prosecution.
READ: Hate speech case | Brackenfell man, Malema to appear in court
Protest
The case stems from a speech Malema made in October 2022, while visiting the Western Cape.
Malema referred to the scuffle that broke out between the community and members of the EFF during a protest outside Brackenfell High School on 10 November in 2020.
According to court documents Malema allegedly said: “You were beaten by white people and there is a white man who is visible on camera . . . why have you not, as a revolutionary organisation, followed up on that guy, him alone, to take that guy in an isolated space and attend to the guy properly?”
In the wake of the speech thousands of death threats were made against Van Wyk and his family on social media, according to Westley.
says Westley.
EFF members protested at the school after allegations of racism surfaced in December 2020 when a private matric farewell party was organised by a parent of a matriculant during the covid pandemic. It was alleged that only white learners were invited to the party, a contention that was later disproved.
The school was also cleared of racism allegations by the SA Human Rights Commission (SAHRC) and the provincial education department.
The SAHRC, who previously found Malema’s words to be hate speech and incitement to violence, has joined Van Wyk in the case.
