Judgment: PJ Gordhan v JS Malea and F Shivambu (Case No: 28/2018 EQ JHB)

31 October 2019

Our client, Min Pravin Gordhan, notes the Equality Court judgment today.

It emphatically makes clear that the statements by Mr Julius Malema “were clearly intended to be hurtful” and “promote hatred” of Min Gordhan.

These statements were described by the Court as “obnoxious”, and that they contained an “example of an extravagant juvenile rant stretching hyperbole to the extreme in the course of a demonstrably demagogic speech.”

However, the court decided that a hate speech contravention can be found only in limited and narrow circumstances.

The judgment – which dismisses our client’s application – decides technical questions of the interpretation of the Equality Act and provides important guidance for future cases.

We will continue to advise our client to explore all available options provided in law to seek recourse against the persistent and infantile political campaign of the EFF that spreads lies about our client, and promotes the politics of hate, division, intolerance and intimidation.

Whether attacking our client, targeting judges, or intimidating journalists, the EFF’s dangerous abuse of prejudice subverts our constitutional democracy and promotes the politics of hatred, intolerance and division.

Min Gordhan remains committed to political debate that deepens our democratic discourse and builds our country towards the Constitution’s visions of equality, dignity and freedom for all South Africans.

He will not be intimidated and will continue, with the vast majority of South Africans, to challenge those who undermine these goals.

Issued by Malatji & Co, 31 October 2019