I didn't suggest Jansen should be shot and killed - Thabo Meeko
IN THE EQUALITY COURT CAPE TOWN MAGISTRATE'S COURT HELD AT CAPE TOWN CASE NUMBER: EC 2/09
In the matter between:
W G JAMES - COMPLAINANT
And
THABO MEEKO - RESPONDENT
OPPOSING AFFIDAVIT
I, the undersigned,
THABO MEEKO
under oath as follows:
1. I am a major male ands am the Provincial Chairperson of the African National Congress Youth League in the Free State Province.
The contents of this affidavit fall within my personal knowledge and belief, unless otherwise indicated, and are both true and Correct.
In so far as I may refer to legal argument or make legal submissions herein, I shall do so on the advice of my legal representative.
I have read the complaint laid against me by the Complainant and wish to respond thereto as follows:
AD POINTS IN LIMINE
4.1 JURISDICTION
The Applicant does not have jurisdiction to institute these proceedings against the Respondent in the above Honourable Court for the following reasons:
4.1.1 In terms of Chapter 4, section 19 of the Act, it is provided that except as is otherwise provided in this Act, the provisions of the Magistrate's Court Act, 1944 (Act No. 32 of 1944), and the Supreme Court Act, 1959 (Act No. 59 of 1959), and of rules made hereunder as well as the rules made under the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985) apply with the necessary changes required by the context to equality courts, in so far as these provisions relate to...
(a) .
(b)
(c)
(d)
(e) Jurisdiction, subject to subsection 3
The cause of action arose within the jurisdiction of the equality courts of Bloemfontein
The respondent is resident within the jurisdiction of the equality courts in Bloemfontein.
The Complainant therefore needed to complain either in the Magistrate's Court or the High Court in Bloemfontein, Free
State Province.
4.2 LOCUS STANDI
The Applicant does not have locus standi to institute these proceedings against the respondent for the following reasons:
4.2.1 Section 20(1) of the Act provides that Proceedings under this Act may be instituted by:
(a) Any person acting in their own interest
(b) Any person acting on behalf of another person who
cannot act in their own name
(c) Any person acting as a member, or in the interest of, a
group or class of persons
(d) Any person acting in the public interest
(e) Any association acting in the interest of its members
(f) The South African Human Rights Commission or the Commission for Gender Equality
AD MERITS
INTERPRETATION
5.1 In terms of Section 3 (2) (3) of' the Act, any person applying or interpreting this Act, must take into account the context of the dispute and the purpose of the Act.
5.2 If it were true, which is denied, the newspaper article reads "like President Jacob Zuma when he said that the police must meet fire with fire the shoot to kill approach must also apply to all the racists, including Jansen- because he is a racist."
5.3 The word "approach" renders the statement to be capable of having more than one meaning, in its proper context, it is not capable of the meaning "shoot to kill" in its literal sense.
5.4 Properly interpreted, it meant that the same attitude the Professor is displaying in defence of his decision to pardon the Reitz Four, will be met by the same level of attitude from the students in not accepting the unilateral approach to the issue.
5.5 I am in any event in the process of obtaining legal advice On the newspaper article as it has misquoted me,
[Thabo Meeko]
Signed at Bloemfontein on this 10th day of November 2009
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Comments
This hooligans from the ANC are just insulting and talking words that encourages war in our country, later on they disown the very words. This is nosensical, leaders who are normal will think before they raise any matter they dont talk like headless . .more
by Simon on December 01 2009, 07:53
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That the entire ANCYL are made up of buffoons who lack the intellect to argue the merits of almost anything.
The culture seems to be shoot your mouth off in anger, and then deny later.
If ever there was a saying for this group of . .more
by Realist on December 01 2009, 12:25
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