South Africa’s Electoral Court has ruled against an SMS sent by opposition party the Democratic Alliance (DA) to voters in Gauteng province which said President Jacob Zuma had “stolen” taxpayer money, though the party said it would appeal the decision.
HumanIPO reported last month the High Court in Johannesburg had ruled the SMS – which referred to a public protector report which found Zuma had unduly benefited from an upgrade to his Nkandla homestead and said it was a “licence to loot – was “fair comment”.
The SMS 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.”
However, the Electoral Court ruled in favour of the ruling African National Congress on Tuesday night, with Judge Mthiyane saying the SMS did not fulfil at least two legal requirements for comment – that the statement must recognisable as comment to a reasonable person, fair, and based upon facts – and was “purely a statement of fact”.
The court also ruled the DA must send another SMS, at the party’s cost, saying: “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.”
Chairperson of the DA Federal Executive James Selfe said the party would appeal the “bizarre” ruling.
“The DA will seek leave for a Constitutional Court appeal to a truly bizarre judgement this evening by the Electoral Court in the Nkandla SMS matter,” he 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 judgement.
“Quite the opposite – constitutional protection of freedom of speech should reign especially during elections.”
ANC spokesperson Jackson Mthembu said the ruling party welcomed the ruling.
“This judgement 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 judgement further vindicates our oft stated position that the report of the public protector into the security upgrades at the president’s residence was instructive that President Zuma did not use taxpayers money to build his home,” he said.
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