Gordhan vs Malema: Application for case to be heard in High Court

Matter postponed to 11 February when Magistrate will decided if case can move to higher court

Gordhan vs Malema, Shivambu: Application for case to be heard in High Court

4 February 2019

The Equality Court challenge brought by State Enterprises Minister Pravin Gordhan against EFF leaders Julius Malema and Floyd Shivambu has been postponed, pending an application by all three for the matter to be moved to the High Court.

Malema and Shivambu, through their advocate Tembeka Ngcukaitobi have told the Johannesburg Magistrate's Court that they would like to challenge Section 10 of the Equality Act.

The section deals with hate speech.

Malema, in November 2018, speaking outside the commission of inquiry into state capture, referred to Gordhan as a "dog of white monopoly capital (WMC)" and further requested EFF members and supporters to be "ready for war" against the the minister.

He also took aim at Gordhan's daughter Anisha, over contracts involving her, saying they were allegedly awarded by National Treasury and other government departments, seemingly as a result of her father's position in government.

Shivambu accused Gordhan and his daughter of being corrupt.

Gordhan in turn laid charges of defamation and crimen injuria.

The minister is also seeking damages of R150 000.

Gordhan's legal representative Tebogo Malatjie was in agreement with the EFF about wanting to argue the matter in a higher court.

Magistrate Nishani Beharie has postponed the matter until the February 11, when she will decide if they can move the matter to a higher court.