/ 27 August 2009

Malema back in Equality Court over rape remarks

African National Congress Youth League (ANCYL) president Julius Malema is expected to be back at Johannesburg’s Equality Court on Monday for the continuation of a complaint over remarks he made about a woman who accused President Jacob Zuma of rape.

Fresh after leaping to the defence of South Africa’s 800m gold medallist Caster Semenya, who is in the throes of a gender verification ordeal, Malema will this time have to defend comments he made about the woman who laid a rape charge against Zuma before he became president.

The Sonke Gender Justice Network complained about Malema’s comment that: ”Those who had a nice time will wait until the sun comes out, request breakfast and ask for taxi money. In the morning, that lady requested breakfast and taxi money.”

Zuma was acquitted of a rape charge in 2006 before he became president.

During the previous Equality Court hearing on the matter, Malema admitted making the remark, but said it was in the context of the judgement that acquitted Zuma.

His lawyer Tumi Mokwena said that the judge, in acquitting Zuma, had said the woman had not screamed, and that she went to the kitchen for food the next morning.

Malema’s remarks were therefore fair comment, he said.

However, Lisa Vetten from the Tshwaranang Legal Advocacy Centre said Malema was inaccurate on the judgement.

She said the judgement found that Zuma had asked the woman whether she had money for transport the following morning. She confirmed that she did. It was clear that she did not ask for breakfast or taxi money.

The Network, which has laid a complaint of hate speech, discrimination and harassment against Malema, claimed that his comments, made at the Cape Peninsula Technikon in January, perpetuated myths and stereotypes about rape.

It wants a full apology and R50 000 in damages to be paid to a shelter for abused women.

At the close of the hearing, Mokwena said that after studying the proceedings’ record, a decision would be made on whether to apply for the case to be dismissed. — Sapa