Hot 91.9 FM fires DJ Sasha Martinengo for calling Malema a monkey

thestaggy

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.

What does this part mean? Not the bolded part; the part in quotes

Usually when interdicts are granted the party that is being interdicted must be informed.

Ex parte is a hearing where only one of the parties are involved and that is the party bringing the case forward. Usually both parties have to be present but in cases of emergency (the threat of violence counts as emergency), the court has to hear it ex parte. In this case the court had to hear Hot91.9FM without the EFF being present because the radio station reasonably believed itself to be in danger. The judge can then grant an ex parte motion, a temporary interdict or restraining order without the other party (EFF) being present.

Where this gets iffy for me is that while the court heard the application it then decided not to grant a temporary restraining order because it ''is an extraordinary case‚ in extraordinary times and circumstances''. Extraordinary in that we currently live in a racially charged and racially politicised environment and instead of quelling any potential for violent backlash (the EFF and H&M as a great example), the judge has instead chosen to leave things as they are until such time that the motion is brought forward again with the EFF being present. However, all attempts to contact the EFF have thus far been unfruitful and it can be reasonably expected that the EFF intends to continue protesting/harassing/threatening/intimidating a company that no longer employs Sasha and a company for whom Sasha was never a spokesperson.

Ex parte rulings are not permanent, they're a temporary reprieve, so both parties would have to return to court again and it isn't as if the EFF's rights were being trampled on. The radio station simply wants to ensure their safety (a reasonable request in light of the EFF's track record) and the EFF would be more than welcome to have its day in court at a later date. But nah, let's risk the mob running loose.
 
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thestaggy

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On ex parte hearings;

An ex parte judicial proceeding, conducted without notice to, and outside the presence of, affected parties, would appear to violate the provisions of the Constitution of the Republic of South Africa.
The basic procedural safeguard, ensuring an impartial court, is a hearing held in public in which all the parties with an interest in the order of the Court are allowed to participate.

...

An ex parte procedure could violate the procedural right in section 34 of the Constitution. Unguarded, an ex parte application may also violate the rights guaranteed in section 9(1) of the Constitution, which provides that everyone is equal before the law and has a right to equal protection and benefit of the law. Courts do not likely hear ex parte applications without being satisfied that parties not before them will not suffer constitutional prejudice.

...

However, adequate notice of judicial proceedings to concerned parties may at times work irreparable harm to one or more of those parties. In such a case the threatened party or parties may approach a Court on an ex parte basis for temporary judicial relief without notice to, and outside the presence of, other persons affected by the hearing. The circumstances that may justify a party’s reliance on or resort to an ex parte application have been set out in numerous cases and received its fair share of commentary from legal scholars. (Schlesinger v Schlesinger 1979 (4) SA 342 (WLD) at page 347 H – 348 (A); National Director of Public Prosecutions v Basson 2002 (1) SA 419 (SCA) at 428; Erasmus at B1-41)

http://www.saflii.org/za/cases/ZAWCHC/2014/138.html
 

Seriously

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So Malema's brown shirts (really red shirts) storm a station and nothing is done about that?

Dark times ahead.
No different then Legalised mob violence if the court fails to protect the station due to special circumstances during special times requiring special privileges to special groups. All based on race.
 

Grant

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so i'm still wondering exactly why being called a monkey is construed as racist.
i have asked before (on 2 occasions) be never got an answer.

now, would a black member here step up to the plate and spoon feed me a little ?

**edit
leaving for a "refreshment" or two.
will come back to this later
 
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Dan C

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So where is he from?
He's a porra or ita... :) oops that's racist

When I was in the army many moons ago. We had all races, we called each other by various names and nobody got upset about it. Seems times have changed.
 
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Dan C

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Many ethnicities that are South African; English, Greeks, etc. I understand he's of Italian descend but is he not South African?
Question am I ? French and Netherlands mix. But been in south Africa since birth. As for Sasha I'm not sure.
 

cavedog

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I see the SAHRC commented on this story. Very interesting that they released a comment so quickly and that against Martinengo but they drag their feet on complaints brought to them against BLF comments and on going racists comments. SAHRC is nothing more than another EFF just hiding behind curtains.....
 

ekske1

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I see the SAHRC commented on this story. Very interesting that they released a comment so quickly and that against Martinengo but they drag their feet on complaints brought to them against BLF comments and on going racists comments. SAHRC is nothing more than another EFF just hiding behind curtains.....
Restoration of dignity knows no cost or man hours spent.
 

Grant

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so i'm still wondering exactly why being called a monkey is construed as racist.
i have asked before (on 2 occasions) be never got an answer.

now, would a black member here step up to the plate and spoon feed me a little ?

**edit
leaving for a "refreshment" or two.
will come back to this later


**back
no takers ?
 
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