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Electoral Court orders DA to apologise for sms
- Thread starter LazyLion
- Start date
Just appeal... and apologise on Thursday.
Last edited:
DreamKing
Honorary Master
hardly to believe tomorrow election will be fair.....
LazyLion
King of de Jungle
DA SMS BASED ON FALSE INFORMATION: COURT
The Democratic Alliance's sms stating that President Jacob Zuma stole public money to build his Nkandla home was based on false information, the Electoral Court held on Tuesday.
The ANC had appealed against a earlier court ruling that the DA sms was fair comment.
The Electoral Court declared the DA sms amounted to a publication of false information in contravention of the Electoral Commission Act and the Electoral Code of Conduct.
On April 4, acting Judge Mike Hellens dismissed the ANC's application to stop the distribution of the sms, saying it was fair comment.
In the sms, sent to over 1.5 million voters in Gauteng, the DA said: "The Nkandla report shows how Zuma stole your money to build his R246m home."
The sms followed findings by Public Protector Thuli Madonsela that Zuma and his family unduly benefited from R246 million in security upgrades to his KwaZulu-Natal residence.
The Electoral Court found to justify the publication of the sms message, the DA had relied on the 'licence to loot' phrase in the Public Protector's report.
"Reliance on this phrase is completely misplaced because it ignores the context in which it was used and the fact that President Zuma is not implicated in the 'licence to loot' situation," the judgment reads.
"In fact, rather than attributing the excessive costs of the Nkandla project to President Zuma, the report focuses on systematic failures."
The judgment directed the DA to retract the sms by sending out another sms through a bulk short message service to all earlier recipients of the first sms.
The court held the sms should state: "The DA retracts the SMS dispatched to you which falsely stated that President Zuma stole R246m to build his home. The SMS violated the Code and the Act."
Source : Sapa /ag/ks
Date : 06 May 2014 22:07
The Democratic Alliance's sms stating that President Jacob Zuma stole public money to build his Nkandla home was based on false information, the Electoral Court held on Tuesday.
The ANC had appealed against a earlier court ruling that the DA sms was fair comment.
The Electoral Court declared the DA sms amounted to a publication of false information in contravention of the Electoral Commission Act and the Electoral Code of Conduct.
On April 4, acting Judge Mike Hellens dismissed the ANC's application to stop the distribution of the sms, saying it was fair comment.
In the sms, sent to over 1.5 million voters in Gauteng, the DA said: "The Nkandla report shows how Zuma stole your money to build his R246m home."
The sms followed findings by Public Protector Thuli Madonsela that Zuma and his family unduly benefited from R246 million in security upgrades to his KwaZulu-Natal residence.
The Electoral Court found to justify the publication of the sms message, the DA had relied on the 'licence to loot' phrase in the Public Protector's report.
"Reliance on this phrase is completely misplaced because it ignores the context in which it was used and the fact that President Zuma is not implicated in the 'licence to loot' situation," the judgment reads.
"In fact, rather than attributing the excessive costs of the Nkandla project to President Zuma, the report focuses on systematic failures."
The judgment directed the DA to retract the sms by sending out another sms through a bulk short message service to all earlier recipients of the first sms.
The court held the sms should state: "The DA retracts the SMS dispatched to you which falsely stated that President Zuma stole R246m to build his home. The SMS violated the Code and the Act."
Source : Sapa /ag/ks
Date : 06 May 2014 22:07
LazyLion
King of de Jungle
DA TO SEEK APPEAL ON SMS RULING
The DA will seek leave to appeal against the Electoral Court's ruling on Tuesday that an sms sent to potential voters, stating that President Jacob Zuma stole public money to build his Nkandla home, was based on false information.
"The Democratic Alliance will seek leave for a Constitutional Court appeal to a truly bizarre judgment this evening by the Electoral Court in the Nkandla sms matter," chairman of the party's federal executive James Selfe said in a statement.
The African National Congress had appealed against a earlier court ruling that the DA sms was fair comment.
On the eve of Wednesday's general elections, the Electoral Court declared the DA sms amounted to a publication of false information in contravention of the Electoral Commission Act and the Electoral Code of Conduct.
Selfe said: "We believe that the constitutional right to freedom of speech cannot be limited by legislation in an election period, as the Electoral Court claims in its judgment."
The DA felt that the freedom of speech should be particularly protected during the election period.
"We still believe that a reasonable reader will agree that the Nkandla Report does indeed show that President Zuma stole your money for his R246 million homestead".
He cited wording in Public Protector Thuli Madonsela's report into Nkandla, where she stated that Zuma had "unduly benefited" from the upgrades, and asked what this meant to a reasonable person.
"There remains no doubt in our minds that there are substantive grounds for the president to be impeached and indeed to answer to criminal charges for the Nkandla upgrades," Selfe said.
ANC spokesman Jackson Mthembu welcomed the ruling in a statement on Tuesday.
"This judgment is proof of the many lies that the DA tells about the ANC to the people of South Africa to mask that they have nothing to offer the electorate except for a consistent anti-ANC offensive not rooted in fact or reality."
The judgment also vindicated the party's position that the Public Protector's report was instructive that Zuma had not used taxpayers' money to upgrade his home.
The ANC hoped that the DA would send out a court-ordered sms, retracting its earlier sms comment that Zuma "stole" funds to upgrade his Nkandla homestead, before voting began on Wednesday morning.
The court ordered the DA to send this retraction to some 1.5 million potential voters who received its first sms, at its own cost.
"We believe that this judgment vindicates not only the ANC but the principles by which all political parties must abide as they campaign during these national general elections and beyond," Mthembu said.
The court held the sms should state: "The DA retracts the sms dispatched to you which falsely stated that President Zuma stole R246m to build his home. The sms violated the Code and the Act."
Source : Sapa /mjs/ag/ks
Date : 06 May 2014 23:07
The DA will seek leave to appeal against the Electoral Court's ruling on Tuesday that an sms sent to potential voters, stating that President Jacob Zuma stole public money to build his Nkandla home, was based on false information.
"The Democratic Alliance will seek leave for a Constitutional Court appeal to a truly bizarre judgment this evening by the Electoral Court in the Nkandla sms matter," chairman of the party's federal executive James Selfe said in a statement.
The African National Congress had appealed against a earlier court ruling that the DA sms was fair comment.
On the eve of Wednesday's general elections, the Electoral Court declared the DA sms amounted to a publication of false information in contravention of the Electoral Commission Act and the Electoral Code of Conduct.
Selfe said: "We believe that the constitutional right to freedom of speech cannot be limited by legislation in an election period, as the Electoral Court claims in its judgment."
The DA felt that the freedom of speech should be particularly protected during the election period.
"We still believe that a reasonable reader will agree that the Nkandla Report does indeed show that President Zuma stole your money for his R246 million homestead".
He cited wording in Public Protector Thuli Madonsela's report into Nkandla, where she stated that Zuma had "unduly benefited" from the upgrades, and asked what this meant to a reasonable person.
"There remains no doubt in our minds that there are substantive grounds for the president to be impeached and indeed to answer to criminal charges for the Nkandla upgrades," Selfe said.
ANC spokesman Jackson Mthembu welcomed the ruling in a statement on Tuesday.
"This judgment is proof of the many lies that the DA tells about the ANC to the people of South Africa to mask that they have nothing to offer the electorate except for a consistent anti-ANC offensive not rooted in fact or reality."
The judgment also vindicated the party's position that the Public Protector's report was instructive that Zuma had not used taxpayers' money to upgrade his home.
The ANC hoped that the DA would send out a court-ordered sms, retracting its earlier sms comment that Zuma "stole" funds to upgrade his Nkandla homestead, before voting began on Wednesday morning.
The court ordered the DA to send this retraction to some 1.5 million potential voters who received its first sms, at its own cost.
"We believe that this judgment vindicates not only the ANC but the principles by which all political parties must abide as they campaign during these national general elections and beyond," Mthembu said.
The court held the sms should state: "The DA retracts the sms dispatched to you which falsely stated that President Zuma stole R246m to build his home. The sms violated the Code and the Act."
Source : Sapa /mjs/ag/ks
Date : 06 May 2014 23:07
HideInLight
Expert Member
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They should send the SMS
Zuma did not steal from you. He just "unduly benefited" at your expense.
Zuma did not steal from you. He just "unduly benefited" at your expense.
The_Unbeliever
Honorary Master
Ai tog.