The Johannesburg Equality Court on Monday found ANC Youth League president Julius Malema guilty of hate speech and harassment.
“This court is satisfied that the utterances by the respondent … amounted to hate speech,” said magistrate Colleen Collis.
“The uttered words constitute harassment as contemplated in the Equality Act.”
Collis ordered Malema to make an unconditional public apology within two weeks and pay an amount of R50 000 to a centre for abused women within one month.
Collis concluded her judgement with a word of wisdom to Malema.
“Mr Malema, being a man of vast political influence, be wary of turning into a man that often speaks but never talks.”
The Sonke Gender Justice group took Malema to court for saying President Jacob Zuma’s rape accuser had “a nice time”.
Hand of friendship
The Sonke Gender Justice group’s Mbuyiselo Botha extended a hand of friendship to Malema outside court after the judgement.
“We open our doors to the Youth League and Mr Malema. We would like to work with them,” Botha told reporters.
He said Sonke would like to work with the league in addressing problems young people of SA face on a daily basis.
Botha said Sonke felt vindicated after the ruling in their favour. Asked what he wanted Malema to say in his apology, Botha replied :”We want him to say he apologises for the hurt and the pain he caused.”
A handful of Sonke supporters celebrated outside the court, carrying placards that stated “Only one in 20 rapes are reported” and singing “Malema is a Mickey Mouse”.
Joyce Dlamini (27) said she was “very excited” by the judgement.
“We were singing that Malema doesn’t know what he wants. He’s got a big, loud mouth but he’s a Mickey Mouse.”
Malema’s lawyer Tumi Mokwena said that he would study the judgement and take instructions from his client, who was not present at court, on whether to appeal or not.
Zuma’s rape accuser had ‘nice time’
Malema made the comment while addressing 150 Cape Peninsula University of Technology students last January.
According to court papers, Malema said “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”.
He was referring to the woman who had accused Zuma of rape, a charge on which he was acquitted.
Mokwena said in his closing argument that the Equality Act sought to protect real rape victims.
He said Malema’s comments were merely a restatement of the rape trial judgement, and that the Constitution gave him the right to freedom of expression. – Sapa