IN THE EQUALITY COURT (HELD AT JOHANNESBURG)
In the matter between:-
AFRIFORUM - Applicant
JULIUS SELLO MALEMA - Respondent
The respondent pleads to the complainant's particulars of claim as follows:
1 AD PARAGRAPH 1.1
1.1 The respondent admits the identity of the complainant.
1.2 Save as aforesaid, the respondent has no knowledge of the further averments contained in this paragraph, does not admit same and puts the complainant to the proof thereof.
2 AD PARAGRAPH 1.2
The respondent has no knowledge of the averments herein contained, nevertheless denies them and puts the complainant to the proof thereof.
3 AD PARAGRAPH 1.3
3.1. In the light of the fact that the complainant merely states that its members are commonly known as "the Afrikaaners of South Africa" without disclosing the legitimate interest it seeks to promote or protect in these proceedings, the respondent denies that the complainant has a legal or a factual standing to institute the present proceedings on behalf of its alleged members.
3.2. The respondent has no knowledge of the identities of the complainant's members, denies them and require the complainant to produce a list of its members.
4 AD PARAGRAPHS 2.1
The respondent admits the description of his identity, status, identity number and place of employment. The respondent however, denies the rest of the averments.
5 AD PARAGRAPH 3.1 to 3.1.3
5.1. The respondent admits that on different occasions and at public meetings convened on behalf of the ANC Youth League he sang the words referred to in paragraphs 3.1.1 to 3.1.3 ("the liberation song");
5.2. The respondent denies that the words concerned constitute objectionable utterances.
6 AD PARAGRAPH 3.2
The respondent denies each and every averment contained in this paragraph.
7 AD PARAGRAPH 4 to 4.4
7.1. The respondent admits that on the occasions described in paragraphs 4.1 to 4.5 he sang the liberation song;
7.2. The respondent denies that the liberation song concerned constitutes objectionable utterances.
7.3. The respondent pleads further that the following background is relevant:
7.3.1.The liberation songs represent the history of the anti-apartheid struggle, in particular the liberation of all South Africans from the political, economic and social oppression caused by the colonial and apartheid systems;
7.3.2. The liberation songs have always been sung and continue to be sung at various gatherings of the African National Congress ("ANC"), including conferences, branch meetings, funerals, veteran's conferences, meetings of other progressive organisations, student's organisations, labour unions, youth and women's league gatherings, as well as gatherings organised under the auspices of the ANC and/or any of its structures or sister organisations;
7.3.3. Their lyrics, some reflecting the tension and conflict of the anti-colonial and anti-apartheid struggle;
7.3.4. They are not sung with an intention to incite violence, harm, degrade or humiliate any person or group of persons (ethnic, racial or religious). They are simply part of the heritage of the struggle and must be understood in the historical context of the role of song in liberation struggles all over the world;
7.3.5. In particular, the song into which the words "Dubul'ibhunu" are sometimes transposed is a liberation song that is sometimes sung without the said words, depending on the occasion, context and sitting;
7.3.6. The words "ibhulu" or "ibhunu" in the context of the song was used to symbolise white oppression rather than to target individuals or group of persons. It was sung and continues to be sung by ANC members and supporters of all races and ethnic groups, including those who are Afrikaaners;
7.3.7. In all of the occasions referred to in paragraph 4 of the particulars of claim the singing of the liberation song did not result in the killing, maiming, or harming of any person or the Afrikaaners purportedly represented by the complainant.
7.4. The respondent however denies inciting any participants to recite or make "objectionable utterances";
7.5. The respondent further denies that he sang this liberation song with the intention to incite violence against any person or group, nor was it intended to cause any group of persons to be "shunned" or "killed";
7.6. Save as aforesaid the contents of these paragraphs are denied.
8 AD PARAGRAPH 5 to 5.2.2
The respondent denies each and every averment contained in these paragraphs.
9 AD PARAGRAPHS 6 to 6.2
9.1. The respondent admits the averments contained in these paragraphs, but adds that he advised Mr Roets that the words "ibhulu" refer to the system of oppression and not individuals or groups;
9.2. Save as aforesaid the contents of these paragraphs are denied.
10 AD PARAGRAPHS 6.3 to 6.3.3
The respondent denies each and every averment contained in these paragraphs and puts the complainant to the proof thereof.
11 AD PARAGRAPHS 7 to 7.2
11.1. The respondent denies each and every averment contained in these paragraphs:
11.2. The respondent pleads that as a matter of fact Mr Roets attended to the ANC Headquarters and was not attacked, maimed or injured.
12 AD PARAGRAPHS 8 and 9
The respondent repeats the contents of paragraph 7 above and denies each and every averment contained in these paragraphs.
13 AD PARAGRAPH 10 TO 12
The respondent denies each and every averment contained in these paragraphs and repeats that that the song in not intended to incite violence against farmers, nor did he sing it with the intention to cause harm to farmers.
14.1. The respondent pleads that the complainant requested the respondent to apologise for the singing of the liberation song;
14.2. The respondent admits that he refused to apologise because there was no factual or legal basis to do so.
15 AD PARAGRAPH 1 to 7 of the Prayer
15.1. The respondent denies that the complainant is entitled to any of the reliefs sought in these paragraphs; and
15.2. The respondent requests that the complaint be dismissed with costs.
DATED at SANDTON on this the 24th day of JANUARY 2011
V MALEKA SC
Transcribed from PDF. Please check against the original.
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