The Equality Court has dismissed the Minister of Public Enterprises Pravin Gordhan's hate speech application against EFF leader Julius Malema.
Judge Roland Sutherland said while comments may indeed be hateful,but they do not fall within the terms of the Equality Act.
Last year,Gordan lodged a case against Malema over remarks he made outside the state capture inquiry venue.
Malema accused Gordhan of going to state-owned enterprises to remove black people and of being a "dog of white monopoly capital".
During his address, Malema also said: “Once you take a decision to go after Pravin, you must be ready. If you are not ready, don’t come to the EFF. We’ve now taken a decision to fight Pravin and therefore you must know Pravin is going to fight dirty… There will be casualties. There can even be a loss of life. If you are not ready for that, stand aside. I’m not scared. I’m ready. I’m prepared to confront them one by one.”
Gordhan’s counsel submitted that the above statement was a mechanism to create polarisation within society.
“Polarisation and dehumanisation through words are the first stage and precursor to the violence which follows. The ‘them’ becomes an acceptable target of violence once dehumanised.
Malema, in his statement, also said: “Pravin is a cabal that belongs to the UDF and destroyed all good African comrades… he’s no good, this guy. He has destroyed Peter Mokaba, he has destroyed Winnie Mandela; he has destroyed everyone else that stood for the truth against the apartheid regime. His shenanigans are not new.”