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Article: Massive Zuma SMS fight
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The Electoral Act and the Electoral Code prohibit false accusations that can influence the election, the High Court in Johannesburg heard on Wednesday.
Gcina Malindi SC, for the ANC, said that sections 89(1) and 89(2) of the act prohibited publishing false information.
Gcina Malindi SC, for the ANC, said that sections 89(1) and 89(2) of the act prohibited publishing false information.
An sms sent by the DA saying President Jacob Zuma stole public funds to build his Nkandla home inflamed feelings about his character, the High Court in Johannesburg heard on Wednesday.
"The DA is making a statement of fact and not opinion on the character of the president," Gcina Malindi SC, for the ANC said.
"The DA could never have believed the assertion to be true."
The African National Congress was arguing that Public Protector Thuli Madonsela never said in her report, titled "Secure in Comfort", that Zuma stole taxpayers' money.
The ANC has lodged an urgent application in the high court against the DA over the text message. It wanted the Democratic Alliance to retract the sms, stop sending it and apologise to the ruling party or be fined up to R200,000.
The party was arguing the sms contravened the Electoral Act and the Electoral Code of Conduct.
Malindi said the ANC's objection was meant to enhance the promotion of fair elections.
"[The message] could heighten the volatile atmosphere in the elections. If this is allowed to persist we all [know] what it will lead to," Malindi said.
He pointed out that there had been relatively peaceful elections since 1994.
The text message, which DA Gauteng premier candidate Mmusi Maimane said was sent to 1.6m prospective voters in Gauteng, read: "The Nkandla report shows how Zuma stole your money to build his R246m home. Vote DA on 7 May to beat corruption. Together for change."
Acting High Court Judge Mike Hellens asked whether he could make such an order if he was sitting as an electoral court. It was still being decided whether he was sitting as an electoral court, a high court, or both.
"The DA is making a statement of fact and not opinion on the character of the president," Gcina Malindi SC, for the ANC said.
"The DA could never have believed the assertion to be true."
The African National Congress was arguing that Public Protector Thuli Madonsela never said in her report, titled "Secure in Comfort", that Zuma stole taxpayers' money.
The ANC has lodged an urgent application in the high court against the DA over the text message. It wanted the Democratic Alliance to retract the sms, stop sending it and apologise to the ruling party or be fined up to R200,000.
The party was arguing the sms contravened the Electoral Act and the Electoral Code of Conduct.
Malindi said the ANC's objection was meant to enhance the promotion of fair elections.
"[The message] could heighten the volatile atmosphere in the elections. If this is allowed to persist we all [know] what it will lead to," Malindi said.
He pointed out that there had been relatively peaceful elections since 1994.
The text message, which DA Gauteng premier candidate Mmusi Maimane said was sent to 1.6m prospective voters in Gauteng, read: "The Nkandla report shows how Zuma stole your money to build his R246m home. Vote DA on 7 May to beat corruption. Together for change."
Acting High Court Judge Mike Hellens asked whether he could make such an order if he was sitting as an electoral court. It was still being decided whether he was sitting as an electoral court, a high court, or both.
blunomore
Honorary Master
Oh, the irony .............
grok
Honorary Master
We don't need the report to know that the accuation is true, we only need the report to prove that the ANC is lying and protecting the president. Also, it helps that the PP is black .. that way neither the race/colonial/apartheid nor tendencies card could be played.
LazyLion
King of de Jungle
Oh, don't worry... they have already played that card many times with her.... she is an agent of the white parties and media.
The Official list of "Excuses":
1) He didn't really say that.
2) You misunderstood what he said.
3) He didn't know what he was saying / momentary lapse of judgment.
4) You are racist!
5) It's apartheid's fault!
6) It never happened, the media made it up
7) Bladdy Agent/Colonialists/anti-revolutionaries/Imperialists
8) He did say it, but it's taken out of context.
9) You don't understand the culture.
10) It was just a joke.
Y'all Qaeda
Username approved by US Airforce
I don't agree with this:
They should've had it as follows:
So the uneducated masses can see the zeros.
They should've had it as follows:
So the uneducated masses can see the zeros.
MickeyD
RIP
JUDGMENT RESERVED IN ANC, DA MATTER
Judgment in the urgent application lodged by the ANC against the DA over a text message about President Jacob Zuma was reserved by the High Court in Johannesburg on Wednesday.
Acting Judge Mike Hellens asked counsel for both parties to submit heads of argument to him by 2pm on Thursday arguing whether he was sitting at the electoral court, the high court, or both.
This would determine what he could order. He indicated earlier that judgment would not be granted later than Friday.
Ismail Jamie SC, for the Democratic Alliance, argued that his client had not stated that the Public Protector's report had said Zuma had stolen taxpayers' money. He said it "showed" he had stolen public funds to build his Nkandla home.
"The DA generally believes... that what happened here amounted to criminal conduct. It laid charges," he said.
Jamie read out sections of Thuli Madonsela's report, titled "Secure in Comfort", where she finds Zuma was aware of security upgrades, had complained about the windows, and asked for a cattle kraal to be built.
He quoted Madonsela saying the project was a "licence for looting... created by government".
"The Public Protector does not find that Zuma stole money... but a reasonable person can conclude that what happened was misappropriation for personal benefit.
"The benefactor here is the chief guardian of the Constitution."
Jamie was defending the DA sending over 1.5 million smses to prospective Gauteng voters stating: "The Nkandla report shows how Zuma stole your money to build his R246m home. Vote DA on 7 May to beat corruption. Together for change."
The African National Congress wants the DA to retract the sms, stop sending it and apologise to the ruling party, or be fined up to R200,000.
Gcina Malindi SC, for the ANC, argued the sms was in contravention of the Electoral Act and Code of Conduct.
He said even if the public believed Zuma had stolen money, it did not mean a political party could say it, especially with a month to go until the May 7 elections.
"We have to adhere to code and pledges signed on the eve of this election."
Malindi accused the DA of making words used in Madonsela's report mean what it wanted them to. He said the ANC's objection to the sms was meant to enhance the promotion of fair elections.
"[The message] could heighten the volatile atmosphere in the elections. If this is allowed to persist we all know what it will lead to," Malindi said.
He said there had been relatively peaceful elections since 1994.
Jamie said the ANC's application was about a balance between the DA's right to freedom of expression and the right to an orderly election.
"Neither of these rights is absolute, which is a deficiency of the [ANC's] argument."
Malindi argued that the DA's sms made a factual allegation which inflamed feelings about Zuma's character.
"The DA is making a statement of fact and believed the assertion to be true."
Source : Sapa /gq/th/lp
Date : 02 Apr 2014 14:50
Judgment in the urgent application lodged by the ANC against the DA over a text message about President Jacob Zuma was reserved by the High Court in Johannesburg on Wednesday.
Acting Judge Mike Hellens asked counsel for both parties to submit heads of argument to him by 2pm on Thursday arguing whether he was sitting at the electoral court, the high court, or both.
This would determine what he could order. He indicated earlier that judgment would not be granted later than Friday.
Ismail Jamie SC, for the Democratic Alliance, argued that his client had not stated that the Public Protector's report had said Zuma had stolen taxpayers' money. He said it "showed" he had stolen public funds to build his Nkandla home.
"The DA generally believes... that what happened here amounted to criminal conduct. It laid charges," he said.
Jamie read out sections of Thuli Madonsela's report, titled "Secure in Comfort", where she finds Zuma was aware of security upgrades, had complained about the windows, and asked for a cattle kraal to be built.
He quoted Madonsela saying the project was a "licence for looting... created by government".
"The Public Protector does not find that Zuma stole money... but a reasonable person can conclude that what happened was misappropriation for personal benefit.
"The benefactor here is the chief guardian of the Constitution."
Jamie was defending the DA sending over 1.5 million smses to prospective Gauteng voters stating: "The Nkandla report shows how Zuma stole your money to build his R246m home. Vote DA on 7 May to beat corruption. Together for change."
The African National Congress wants the DA to retract the sms, stop sending it and apologise to the ruling party, or be fined up to R200,000.
Gcina Malindi SC, for the ANC, argued the sms was in contravention of the Electoral Act and Code of Conduct.
He said even if the public believed Zuma had stolen money, it did not mean a political party could say it, especially with a month to go until the May 7 elections.
"We have to adhere to code and pledges signed on the eve of this election."
Malindi accused the DA of making words used in Madonsela's report mean what it wanted them to. He said the ANC's objection to the sms was meant to enhance the promotion of fair elections.
"[The message] could heighten the volatile atmosphere in the elections. If this is allowed to persist we all know what it will lead to," Malindi said.
He said there had been relatively peaceful elections since 1994.
Jamie said the ANC's application was about a balance between the DA's right to freedom of expression and the right to an orderly election.
"Neither of these rights is absolute, which is a deficiency of the [ANC's] argument."
Malindi argued that the DA's sms made a factual allegation which inflamed feelings about Zuma's character.
"The DA is making a statement of fact and believed the assertion to be true."
Source : Sapa /gq/th/lp
Date : 02 Apr 2014 14:50
Are you suggesting that blacks are stupid? Of course you do. How else should I interpret your post. And then you wonder why "the uneducated masses" keep on voting the ANC. Statements like yours make my blood boil.
Y'all Qaeda
Username approved by US Airforce
Are you ****ting me? This same bloody fight was fought in the motoring section just yesterday.
Sigh.. I am talking about the uneducated masses that are a mass and uneducated. Be that ANC or EFF or whatever..
Boil your blood. I don't care.
LazyLion
King of de Jungle
Assumption is the mother of all EFF ups.
Y'all Qaeda
Username approved by US Airforce
And BTW, it is an accepted term on this forum:
Just a couple of posts found by searching for the term.. Your blood boiling yet? You want to go attack them as well?
Just a couple of posts found by searching for the term.. Your blood boiling yet? You want to go attack them as well?
Are you saying you vote out of anger rather than rational thought?
TelkomUseless
Honorary Master
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To what will it lead?
Is the DA supporters volatile/full of violence.. don't think so. It's the ANC's/EFF supporters that turns violent...
atomcrusher
Expert Member
I have to conclude that you make up a part of the referred-to 'uneducated masses' seeing as how you turned a commonly phrase that is used to highlight the sheep-like, blind following of any populist movement into a racial issue.
I have to conclude that you make up a part of the referred-to 'uneducated masses' seeing as how you turned a commonly phrase that is used to highlight the sheep-like, blind following of any populist movement into a racial issue.
That's why I don't vote ANC.
The_Unbeliever
Honorary Master
uneducated masses = hoi polloi
sounds much better...
sounds much better...