The Equality Court in Johannesburg on Monday postponed the final arguments in the hate speech complaint against African National Congress Youth League (ANCYL) leader Julius Malema.
This was because Malema’s legal team did not file papers containing his final arguments on time.
The ANCYL leader was supposed to have filed papers by October 12, but his lawyer, Tumi Mokwena, said he was on leave at the time and his office failed to file the documents.
”You also did not inform the clerk of the court that your heads were not in,” a clearly irritated Magistrate Colleen Collis remarked.
”Yes, there was no communication,” replied Mokwena, who tried to argue that failure to deliver the document would not have any impact on the court proceedings.
He added that letters from the Sonke Gender Justice Network, which brought the complaint, demanding the documents were ”distasteful”.
But Sonke lawyer Chris Todd, who applied for the postponement, dismissed Mokwena’s remarks as ”ridiculous” and said they filed their papers on time.
”My learned friend’s submission make a complete mockery of the procedures of this court,” Todd said.
Collis found there were merits in Todd’s request.
”The failure of the respondent to have furnished his written heads of argument earlier on holds prejudice to the complainant. The matter is postponed to the 25th of November,” Collis said.
Malema is facing complaints of hate speech and harassment for saying, at an election rally in January, that President Jacob Zuma’s rape accuser ”had a nice time”.
The Sonke Gender Justice Network said the comment was damaging to rape victims and women who were afraid to lodge rape complaints.
It wants a full apology and R50 000 in damages to be paid to a shelter for abused women.
Malema, who was not present in court on Monday, has maintained that his comment was based on the 2006 high court ruling that acquitted Zuma of rape. — Sapa