African National Congress Youth League (ANCYL) leader Julius Malema pleaded ignorance in his rape hate-speech case on Monday, saying he was a ”layman” merely quoting from a high court judgement.
”If you want to question what we said, you must question Judge [Willem] van der Merwe, because we were quoting him,” Malema said to his supporters after he was cross-examined in the Equality Court in Johannesburg.
Van der Merwe is the high court judge who acquitted President Jacob Zuma of rape in 2006.
Malema is facing complaints of hate speech and harassment for saying at an election rally in January that Zuma’s rape accuser ”had a nice time”.
He told Chris Todd, lawyer for the complainant, the Sonke Gender Justice Network, that his controversial comment was based on Van der Merwe’s judgement.
But, because Malema had only a matric qualification, he could not quote the judgement verbatim.
”You must know that you are talking to a layman whose highest qualification is matric, who is trying to remember a judgement which was passed three years back,” said Malema.
”I’m just referring to a judgement; I’m speaking to the spirit of that judgement …
”I was referring to the judgment; those were not my original words.”
Malema also told Todd he ”did not even bother” to read documents before the court on rape statistics.
”I would not have the capacity to do [so],” claimed Malema.
He told the court that his comment was not a ”general lecture” on rape victims.
”It was not a general lecture on rape victims. It was a specific response to a specific case,” said Malema, dressed in a light brown pin-striped jacket and beige trousers.
”I was never, in whatever way possible, trying to be an expert on rape victims … The audience I was addressing never ever interpreted this as a general comment.”
‘Prepare yourself for victory’
The full comment was read out in court again. Malema said at the Cape Peninsula Technikon in January 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.”
Todd asked him if these were the measures he used to decide if a woman had enjoyed sex.
”I was explaining why the ANC still had Zuma as a candidate … I was not trying to be an expert on the conduct of women after sex,” replied Malema.
He said before he made that statement, he had told his supporters that the ANCYL was a non-sexist organisation.
And after the comment, Malema said that the ANCYL needed to do everything in its power to fight against rape.
”People who make false accusations about rape … they undermine the struggle for gender equality,” said Malema. ”I was not talking about a rape survivor. I was talking about a person who laid false charges against our president.”
Malema said that if the Sonke Gender Justice Network had taken up an offer by ANC secretary general Gwede Mantashe for a meeting with Malema to explain himself, the hearing before the Equality Court would not have been necessary.
”We must engage each other … they should have seen an opportunity to educate a young man.
”I think there are other agendas which are trying to undermine this leadership.
”They would not have refused an opportunity by the ANC secretary general to [meet] … I must say I am highly disappointed … the first opportunity they saw to educate a young man was to rush to court.”
The Sonke Gender Justice Network said the comment was very 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 said the ANCYL often gave money to such organisations and that it would not have a problem to do so, if that was what the court ordered.
Outside, he told a crowd of supporters, who were chanting ”Malema, Malema” and blowing on vuvuzelas, that the ANCYL would gladly give the Sonke Gender Justice Network money.
”You must come to us with a clear programme to ask for R50 000. We have a TG [treasurer general] here to sort you out,” said Malema.
He described the Sonke Gender Justice Network’s lawyer as ”very weak” and questioned its motives.
”If they are representing women, why are they silent when [athlete] Caster Semenya is harassed [about her gender]?
”Where were they when [the Congress of South African Trade Unions] took Helen Zille [Democratic Alliance leader] took court [against her all-male cabinet]?
”They are here because they want to promote themselves … they are looking for front-page news in the wrong places,” said Malema.
Malema urged court authorities to make a bigger court room available when final arguments are heard on November 2.
This would be to make space for all his supporters, who had arguments with the police outside the court building about permission to be there.
”You want to be inside, but there is no room … Please get a bigger hall, somewhere in Soweto … and prepare yourself for victory,” said Malema. — Sapa