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Court order against Malema and Co

By Sapa | Apr 11, 2012 | COMMENTS [ 2 ]

"I consider it amazing that I see these people apparently all over the show and the Sheriff can't find them" - Judge

SUSPENDED ANC Youth League leader Julius Malema and three others were ordered by the Western Cape High Court yesterday to file responding papers to a defamation case lodged by DA leader Helen Zille.

Judge Nathan Erasmus ordered Malema, the league's spokesman Floyd Shivambu, Khayelitsha councillor Andile Lili and the league to file their discovery affidavit by April 24.

This affidavit formed part of a pre-trial process in which both parties could "discover" pertinent facts about evidence and witnesses to build a case.

The defendants had only filed a notice of intention to oppose the case and their plea in response to the summons issued in May 2010.

Erasmus ordered them to supply an address at which documents could be served because there had been difficulty locating them.

The judge expressed disbelief that the Sheriff had difficulty getting hold of the respondents, saying he could have located them himself simply by reading newspapers.

"I consider it amazing that I see these people apparently all over the show and the Sheriff can't find them," he told the court.

"Malema, I saw in the papers, was in church on Good Friday and Shivambu is in the news every day."

He ordered the defendants to pay punitive costs for Zille's application for the court order.

Zille was suing the youth league and its members for R1.4-million for comments made about her and the DA from 2009.

She said Shivambu had called her a "racist girl" and "sick woman" and claimed that her all-male executive were her boyfriends and concubines.

She also took issue with Malema calling her executive council a "group of racist Helen Zille garden boys" at a rally in Cato Manor, Durban, in February 2009.

Lili was also accused of calling her a racist in January 2010.

COMMENTS [ 2 ]

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"I consider it amazing that I see these people apparently all over the show and the Sheriff can't find them," PRECISELY. Somehow these clowns pull this same tactic over and over and nobody challenges their tardiness. Unreal.

Apr 11, 2012 7:55 | 0 replies

Point of correction: a discovery affidavit is not "responding papers". Discovery is one of the pre-trial prcedures. A discovery affidavit is a sworn statement made by a party to a civil trial setting out documents that are relevant to the issues in the case and which that party intends to use during the trial. A party is required to discover even documents which are against his case as long as the documents are relevant to the issues. See Rule 35(2) of the Uniform Rules of Court (High Court Rules). "Responding papers" at least may be loosely interpreted to mean a plea. A plea is a document that sets out your defence to a civil claim. See Rule 22 of the Uniform Rules of Court.

Apr 11, 2012 8:11 | 0 replies