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Guptas seek interdict againt EFF, Malema
- Thread starter schumi
- Start date
Gupta executives get threatening phone calls
More at:http://ewn.co.za/2016/02/09/Gupta-company-employees-receiving-threatening-phone-calls
More at:http://ewn.co.za/2016/02/09/Gupta-company-employees-receiving-threatening-phone-calls
SweetFennyAdams
Expert Member
Guptas apply for interdict against Malema and EFF
The mutton curry must be oozing down the back of their legs.
The mutton curry must be oozing down the back of their legs.
NarrowBandFtw
Honorary Master
I'm pretty sure the law by default already prohibits all of us from inciting violence against others, why the hell ask for an interdict to that effect?!? :wtf:
konfab
Honorary Master
Was thinking that as well...
Guptas get interdict against EFF
Mpho Raborife and News24 Correspondent
Pretoria - The Gupta brothers on Tuesday obtained an urgent interdict to stop the EFF from threatening them.
Judge Johan Louw granted an order in the High Court in Pretoria, interdicting the party, its leader Julius Malema and its Gauteng spokesperson Ntobeng Ntobeng from making threats of violence against the brothers Ajay, Atul, and Rajesh Gupta, and their employees.
The interdict was granted while EFF members were protesting outside the Constitutional Court in Johannesburg, waving posters stating "Guptas must go", "Honeymoon is over for Guptas" and "We'll fight war with war" and singing "Shoot Zuma, shoot the Guptas".
Louw said he would give reasons for his ruling later.
Nazeem Howa, CEO of the Gupta’s Oakbay Investments, said the intention of the application had been to secure the safety of their 4500 employees.
"It's a victory for democracy. People who live and trade in this country must have the freedom to act within the law at all times."
Howa hoped all journalists would feel safer following the court's order.
"It can't be that if someone doesn't agree with what you're doing that they can threaten and hound you. What does it mean if we attack journalists that we don't like or that we don't agree with?"
Malema said he was not inciting violence against the Guptas, and that it was simply part of robust political debate in an election year.
The court interdicted Malema and the EFF from calling for the removal of the Guptas from Gauteng or South Africa.
The party was interdicted from interfering with the activities of ANN7 and New Age journalists, and from preventing them from attending any public political event by any political party, including those of the EFF.
The EFF may not incite violence against the Guptas and their employees through public announcements, media releases, or public speech; may not damage the Gupta’s property and may not enter, or incite their followers to enter, any of the premises of the Guptas and their companies.
The EFF and its leaders may not intimidate the Guptas and their employees, or cause their employees to fear for their lives or safety, or unreasonably limit their freedom of movement and trade.
They may not promote the infringement of The New Age and ANN7's right to freedom of expression.
The SAPS was directed to protect the Guptas' interests if these were threatened by criminal activity resulting from the conduct of the EFF and its leaders.
The Guptas may approach the court again for further relief, should the EFF refuse to comply with the interdict.
On Thursday last week, Malema said journalists working for the Gupta-owned broadcaster ANN7 and its newspaper The New Age would no longer be welcome at EFF events and that the party could not guarantee their safety. He subsequently told the Guptas, who are South African citizens, to leave the country, or the situation "could become volatile".
He accused the Guptas of being a corrupt cartel that was in cahoots with President Jacob Zuma.
The EFF's Gauteng spokesperson Ntobeng Ntobeng issued a statement over the weekend in which he said the Guptas "fled India in the midst of an uproar and rising resistance to their unquenchable greed and destructive habits of money laundering and downright thuggery".
The Guptas described these statements as defamatory, "absolute nonsense", and an attempt to incite violence by spreading untrue rumours about them.
They said the EFF was using its members and resources to destroy their businesses.
Malema told reporters outside the Constitutional Court that he intended appealing the outcome.
"The Guptas need to be challenged," Malema said.
The Guptas said they did not expect Malema's "threats of violence and xenophobia"
News24
Source
http://www.news24.com/SouthAfrica/News/guptas-get-interdict-against-eff-20160209
Mpho Raborife and News24 Correspondent
Pretoria - The Gupta brothers on Tuesday obtained an urgent interdict to stop the EFF from threatening them.
Judge Johan Louw granted an order in the High Court in Pretoria, interdicting the party, its leader Julius Malema and its Gauteng spokesperson Ntobeng Ntobeng from making threats of violence against the brothers Ajay, Atul, and Rajesh Gupta, and their employees.
The interdict was granted while EFF members were protesting outside the Constitutional Court in Johannesburg, waving posters stating "Guptas must go", "Honeymoon is over for Guptas" and "We'll fight war with war" and singing "Shoot Zuma, shoot the Guptas".
Louw said he would give reasons for his ruling later.
Nazeem Howa, CEO of the Gupta’s Oakbay Investments, said the intention of the application had been to secure the safety of their 4500 employees.
"It's a victory for democracy. People who live and trade in this country must have the freedom to act within the law at all times."
Howa hoped all journalists would feel safer following the court's order.
"It can't be that if someone doesn't agree with what you're doing that they can threaten and hound you. What does it mean if we attack journalists that we don't like or that we don't agree with?"
Malema said he was not inciting violence against the Guptas, and that it was simply part of robust political debate in an election year.
The court interdicted Malema and the EFF from calling for the removal of the Guptas from Gauteng or South Africa.
The party was interdicted from interfering with the activities of ANN7 and New Age journalists, and from preventing them from attending any public political event by any political party, including those of the EFF.
The EFF may not incite violence against the Guptas and their employees through public announcements, media releases, or public speech; may not damage the Gupta’s property and may not enter, or incite their followers to enter, any of the premises of the Guptas and their companies.
The EFF and its leaders may not intimidate the Guptas and their employees, or cause their employees to fear for their lives or safety, or unreasonably limit their freedom of movement and trade.
They may not promote the infringement of The New Age and ANN7's right to freedom of expression.
The SAPS was directed to protect the Guptas' interests if these were threatened by criminal activity resulting from the conduct of the EFF and its leaders.
The Guptas may approach the court again for further relief, should the EFF refuse to comply with the interdict.
On Thursday last week, Malema said journalists working for the Gupta-owned broadcaster ANN7 and its newspaper The New Age would no longer be welcome at EFF events and that the party could not guarantee their safety. He subsequently told the Guptas, who are South African citizens, to leave the country, or the situation "could become volatile".
He accused the Guptas of being a corrupt cartel that was in cahoots with President Jacob Zuma.
The EFF's Gauteng spokesperson Ntobeng Ntobeng issued a statement over the weekend in which he said the Guptas "fled India in the midst of an uproar and rising resistance to their unquenchable greed and destructive habits of money laundering and downright thuggery".
The Guptas described these statements as defamatory, "absolute nonsense", and an attempt to incite violence by spreading untrue rumours about them.
They said the EFF was using its members and resources to destroy their businesses.
Malema told reporters outside the Constitutional Court that he intended appealing the outcome.
"The Guptas need to be challenged," Malema said.
The Guptas said they did not expect Malema's "threats of violence and xenophobia"
News24
Source
http://www.news24.com/SouthAfrica/News/guptas-get-interdict-against-eff-20160209
EFF's Gupta comments are actual threats, not just campaigning - judge
News24 Correspondent
Pretoria - The EFF's statements about the Gupta brothers and their employees were not merely part of its campaigning for the upcoming elections, but actual threats of violence, the High Court in Pretoria has found.
Judge Johan Louw on Friday handed down reasons for the interdict he granted on Tuesday to stop the Economic Freedom Fighters, its leader Julius Malema and Gauteng spokesperson Ntobeng Ntobeng from repeating or making further threats of violence against the Gupta brothers Ajay, Atul and Rajesh and their employees.
The interdict was granted while EFF members were protesting outside the Constitutional Court, waving posters stating "Guptas must go", "Honeymoon is over for Guptas" and "We'll fight war with war", and singing "Shoot Zuma, shoot the Guptas".
The Constitutional Court matter involved the Public Protector's powers and her recommendations that President Jacob Zuma pay back a portion of the money spent on the upgrades to his Nkandla homestead.
The EFF and its leaders were interdicted from participating in any conduct promoting the removal of the Guptas from Gauteng or South Africa.
They were also interdicted from interfering with the activities of journalists from The New Age and ANN7 or preventing them from attending any public political events such as marches, gatherings or meetings by any political party, including those of the EFF.
Malema insisted his statements that no one could guarantee the Guptas' safety in Gauteng were not equivalent to calling for violence against them, but was simply part of robust political debate in an election year.
However, Judge Louw said this proposition merely had to be stated to be rejected.
He said it ignored the wording of a February 7 press release stating that the "Zuptas" must vacate South Africa, "otherwise the predictability of what could happen to them and any of their properties becomes a highly volatile matter".
"No reasonable and right-thinking person would consider the statement not to be a threat of violence and that the respondents were merely campaigning for the upcoming elections.
"...They don't allege that any violence has been committed by any of the respondents. Their case is that in view of the statements which have been made, their right not to be threatened with violence has been infringed and that they have a reasonable apprehension that violence will be committed against them."
'Move out the way'
Regarding the EFF's statements that they were going to physically drive the "Zuptas" out of Gauteng by any means, the judge said one had to look at the type of words that were used, and not what Malema said he intended to convey.
Malema said the statement did not convey any threat of violence and merely meant that the EFF "would act lawfully" to force the Gupta family out of Gauteng.
"The interpretation by the respondents ignores the word 'physically' and the words 'by any means possible'. No reasonable and right-thinking member of society would consider the statement to exclude violence as a means of driving the Guptas out of Gauteng.
"The applicants and their employees have a constitutionally protected right not to be threatened with violence.
"The statements made by the respondents, as they would be understood by a reasonable and right thinking person, caused the applicants to reasonable apprehend that they would be harmed," Louw said.
Malema told reporters in Johannesburg last week that: "Gupta must leave the country. We are tired of talking about [the] Guptas. We are going to take practical action."
"Gupta media must no longer come to EFF events. We don't want to see The New Age and ANN7," he said.
Addressing the reporters from The New Age and ANN7, Malema cautioned them to "move out the way".
"Sisters and brothers in Gupta firms, we love you and don't want you to be casualties... We cannot guarantee the safety of those printing New Age and ANN7."
News24
Source
http://www.news24.com/SouthAfrica/N...l-threats-not-just-campaigning-judge-20160212
News24 Correspondent
Pretoria - The EFF's statements about the Gupta brothers and their employees were not merely part of its campaigning for the upcoming elections, but actual threats of violence, the High Court in Pretoria has found.
Judge Johan Louw on Friday handed down reasons for the interdict he granted on Tuesday to stop the Economic Freedom Fighters, its leader Julius Malema and Gauteng spokesperson Ntobeng Ntobeng from repeating or making further threats of violence against the Gupta brothers Ajay, Atul and Rajesh and their employees.
The interdict was granted while EFF members were protesting outside the Constitutional Court, waving posters stating "Guptas must go", "Honeymoon is over for Guptas" and "We'll fight war with war", and singing "Shoot Zuma, shoot the Guptas".
The Constitutional Court matter involved the Public Protector's powers and her recommendations that President Jacob Zuma pay back a portion of the money spent on the upgrades to his Nkandla homestead.
The EFF and its leaders were interdicted from participating in any conduct promoting the removal of the Guptas from Gauteng or South Africa.
They were also interdicted from interfering with the activities of journalists from The New Age and ANN7 or preventing them from attending any public political events such as marches, gatherings or meetings by any political party, including those of the EFF.
Malema insisted his statements that no one could guarantee the Guptas' safety in Gauteng were not equivalent to calling for violence against them, but was simply part of robust political debate in an election year.
However, Judge Louw said this proposition merely had to be stated to be rejected.
He said it ignored the wording of a February 7 press release stating that the "Zuptas" must vacate South Africa, "otherwise the predictability of what could happen to them and any of their properties becomes a highly volatile matter".
"No reasonable and right-thinking person would consider the statement not to be a threat of violence and that the respondents were merely campaigning for the upcoming elections.
"...They don't allege that any violence has been committed by any of the respondents. Their case is that in view of the statements which have been made, their right not to be threatened with violence has been infringed and that they have a reasonable apprehension that violence will be committed against them."
'Move out the way'
Regarding the EFF's statements that they were going to physically drive the "Zuptas" out of Gauteng by any means, the judge said one had to look at the type of words that were used, and not what Malema said he intended to convey.
Malema said the statement did not convey any threat of violence and merely meant that the EFF "would act lawfully" to force the Gupta family out of Gauteng.
"The interpretation by the respondents ignores the word 'physically' and the words 'by any means possible'. No reasonable and right-thinking member of society would consider the statement to exclude violence as a means of driving the Guptas out of Gauteng.
"The applicants and their employees have a constitutionally protected right not to be threatened with violence.
"The statements made by the respondents, as they would be understood by a reasonable and right thinking person, caused the applicants to reasonable apprehend that they would be harmed," Louw said.
Malema told reporters in Johannesburg last week that: "Gupta must leave the country. We are tired of talking about [the] Guptas. We are going to take practical action."
"Gupta media must no longer come to EFF events. We don't want to see The New Age and ANN7," he said.
Addressing the reporters from The New Age and ANN7, Malema cautioned them to "move out the way".
"Sisters and brothers in Gupta firms, we love you and don't want you to be casualties... We cannot guarantee the safety of those printing New Age and ANN7."
News24
Source
http://www.news24.com/SouthAfrica/N...l-threats-not-just-campaigning-judge-20160212