I've just got a matric - Julius Malema
JOHANNESBURG (Sapa) - ANC Youth League leader Julius Malema pleaded ignorance in his rape hate speech case on Monday, saying he was a "layman" merely quoting from a high court judgment.
"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 judgment.
But, because Malema had only a matric qualification, he could not quote the judgment verbatim.
"You must know that you are talking to a layman whose highest qualification is matric, who is trying to remember a judgment which was passed three years back," said Malema.
"I'm just referring to a judgment, I'm speaking to the spirit of that judgment...
"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."
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 African National Congress Youth League 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 SA 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.
"They are sent by Zille to spy on us"
Following the convening of the case, Malema claimed that forces aimed at undermining the ANC Youth League were behind the latest allegations against him.
"There's a new accusation because they know they've already lost this one," Malema said outside the Johannesburg Magistrate's Court.
Malema, addressing a group of supporters, was responding to a report in The Star newspaper on Monday that he had slapped a police reservist in Sandton, Johannesburg at the weekend (see report).
"We don't entertain faceless accusations," said Malema, saying he could not believe The Star would publish the allegations without naming the police reservist.
Malema said it was all part of a conspiracy to undermine the leadership of the youth league.
"They are sent by Helen Zille [DA leader] and her people to come and spy on us," said Malema, referring to the police reservist who, according to The Star, had laid a complaint against Malema with police.
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Comments
He wouldn't be so hilarious if not for his sidekicks in the ANCYL who acknowledge him as their mouthpiece. "The 41 million Stooges" on a TV near you.
When I'm put up against the wall, I hope someone yells "cut!" to end this farce into which SA . .more
by Proudly White on September 21 2009, 20:53
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The fact remains that Mr. Zuma was setup. Finnish en klaar.
by David on September 22 2009, 07:24
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I feel sorry for those who call Malema their leader. What kind of a future our children have when we allow this clown to be their "leader" for nothing. This boy is an impediment to youth development and he bring youht into disrepute. It is about time that . .more
by PULENG MMILA on September 22 2009, 07:49
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.
by Then he is stupid on September 22 2009, 08:07
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So there you have it, the man's defence is that "it's not my fault because I am an idiot" ...... and wait for the masses of hysterical followers to appluad hysterically.
Ok Julius, we let you off the hate speech allegations, cause you are . .more
by Realist on September 22 2009, 08:27
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Is being dumb a valid excuse for avoiding prosecution.... "I'm a bit thick, your honour, I didn't fully understand the intelligent judge I was quoting"... no doubt about it, an ANC President in the making.
by Sad days on September 22 2009, 08:52
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I don't see much of a difference between Julius's comments and the rest of the contributors in this topic. When you entertain foolish comments, you become more foolish. Leave the boy alone. He is "popular" enough.
by Observer on September 22 2009, 13:00
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It takes some gumption to claim 1) ignorance; 2) youthfulness (at 28, I ask you!) and 3) conspiracies, as your defense in a court of law!
And why does Juju refer to himself as "we"? And who asked that the R50K damages come from the ANCYL?
by Jean Racine on September 22 2009, 16:48
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always good for a chuckle
by Amused on September 22 2009, 17:28
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In response to your question about why Julius refers to himself as we. This is because in the public eye he is not just Julius Malema - he is Julius Malema the president of the ANC YL and therefore whatever he says in public is taken as the standing of . .more
by Young Lion on September 22 2009, 17:28
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Go on! Julius might have a Senior Certificate, but surely he does not have Matric exemption? To have Matric you need to have qualified for a Senior Certificate with the required level of passes; something which is beyond Julius.
by flebus on September 22 2009, 23:00
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No-one can educate you Julius. You're too bloody thick.
Realist and Sad Days have summed you up nicely.
by Jeff on September 23 2009, 17:57
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I unfortunately agree with Malema this time. Zille did not find women suitable to lead in CT. Here Far-Right groups are gaging up against Malema on a point argued in Court and won by Zuma. She was not raped the court said!
by Frik on September 26 2009, 08:16
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