ANCYL must pay up for Malema Zille defamation case debt, or else

Advocate Johan de Waal has made application for final liquidation order to be granted against League

Zille's former legal rep seeks court relief against ANCYL

Cape Town – A Cape Town lawyer has initiated legal action against the ANC Youth League (ANCYL), making an application for a final liquidation order to be granted against the league for its failure to pay him following a defamation case.

In 2010, Advocate Johan de Waal acted in a defamation action on behalf of former Democratic Alliance leader Helen Zille against then ANCYL leaders Floyd Shivambu, who was the ANCYL spokesperson at the time, and Julius Malema, who was ANCYL president.

The two are now Economic Freedom Fighters deputy president and president, respectively.

De Waal told News24 that he was not bringing the application in his capacity as an advocate, but in his personal capacity.

The legal action where he represented Zille was around defamatory remarks made by the two EFF members when they were still members of the ANCYL in 2009. Malema and Shivambu referred to Zille as a "racist girl" who wanted the return of a racist regime.

The remark, along with others, cast aspersions on her moral and sexual values and damaged her reputation, the lawyer contended.

The parties settled in 2012, and the liability for the costs of the defamation action and attorney-client costs was granted, resulting in the ANCYL having to foot the costs and pay Zille.

No assets to be sold or attached

In 2016, Zille signed an agreement in which she ceded her rights to recover more than R100 000 in legal costs owed by her to De Waal. This was in lieu of payment for services rendered by De Waal in the defamation suit.

A letter was sent in May 2016 to the executive of the ANCYL explaining the cession of Zille's claim to De Waal, but no payment was made.

In September 2016 and again in June 2017, it was discovered that there were no assets to be sold or attached as all property belonged to the national body, the ANC, and not its youth arm.

Alternatively, the ANCYL has been given the option of appearing in court on a date determined by the court.

ANCYL national spokesperson Mlondi Mkhize told News24 that he was not aware of De Waal's claims.

"I cannot comment on something I do not know about. I will have to meet with the relevant people for more information, but for now, I cannot comment," he said.