/ 18 October 2010

Malema is appealing Equality Court ruling, says lawyer

Malema Is Appealing Equality Court Ruling

African National Congress Youth League (ANCYL) president Julius Malema has begun the process of appealing an Equality Court order against him, contrary to allegations by the Sonke Gender Justice Network that he has ignored it, his lawyer said on Monday.

“We are busy with the appeal process,” said Tumi Mokwena, who defended him at the Johannesburg hearing that centred on Malema’s comments about a woman who had laid a charge of rape against President Jacob Zuma.

Zuma was acquitted of the charge, but the Sonke Gender Justice Network was outraged by the stereotype that the comments created and felt they might discourage women from laying charges of rape in future.

It succeeded in a hate speech and harassment complaint against Malema. The court ordered him to pay R50 000 to a group that focuses on preventing abuse against women. Malema was also ordered to apologise over the remarks.

His lawyer indicated he would appeal.

On Thursday the network said Malema had missed the deadline to apologise and pay over the money, which it was going to give to People Opposed to Women Abuse, so it had secured an order to have R50 000-worth of his assets attached.

‘We have not been officially notified’
Mokwena said that the notice of intention to appeal was filed in April. He said the procedure was that after filing notice of intention to appeal, they would then be supplied with the record of proceedings, which had not yet taken place.

“We are still waiting for that,” said Mokwena.

They had also not been officially informed of the intention to attach some of Malema’s property.

“We have not been officially notified of that. If it comes to our attention we will get a stay. There [has been no communication], other than what we have seen in the media,” he said.

A telephonist at the sheriff of the court said no comment would be made on the matter. A spokesperson for the network was not immediately available to comment.

The network’s focus is on sensitising men and boys to issues of gender, gender-based violence and HIV/Aids.

Sonke’s complaint came after Malema’s statement at the Cape Peninsula University of Technology on January 22 2009.

He said of women making accusations of rape that “when a woman didn’t enjoy it, she leaves early in the morning. Those who had a nice time will wait until the sun comes out, request breakfast and ask for taxi money”. — Sapa