NEWS & ANALYSIS

Malema & Co.'s apology to Helen Zille

ANCYL leaders retract "concubine", "racist little girl" and other claims

IN THE HIGH COURT OF SOUTH AFRICA WESTERN CAPE HIGH COURT, CAPE TOWN

In the matter between:

Case No. 9352110 

OTTA HELENA ZILLE - Plaintiff 

And 

FLOYD SHIVAMBU - First Defendant

JULIUS MALEMA - Second Defendant 

ANDILE LILI - Third Defendant

AFRICAN NATIONAL CONGRESS YOUTH LEAGUE - Fourth Defendant

Settlement Agreement

Whereas the First, Second and Fourth Respondents have reached an agreement with the Plaintiff as to the terms of settlement in this matter, AND Whereas these parties are desirous of the said terms of settlement being recorded in writing and made an order of court; 

NOW THEREFORE FIRST, SECOND AND FOURTH DEFENDANT, AND THE PLAINTIFF ( HEREINAFTER REFERRED TO AS "THE PARTIES") REQUEST THE ABOVE HONOURABLE COURT TO RECORD THE FOLLOWING TERMS OF SETTLEMENT IN THIS MATTER AS AN ORDER OF COURT IN FULL AND FINAL SETTLEMENT OF THE PLAINTIFF'S CLAIMS AGAINST FIRST, SECOND AND FOURTH DEFENDANTS UNDER THE ABOVE CASE NUMBER:

It is recorded that: 

1.1 First, Second and Fourth Defendants recognise the offence taken and harm caused to the applicant, and accordingly unreservedly apologise for the defamatory statements made by them of Plaintiff as set out in the Plaintiff's Particulars of Claim; 

1.2 First, Second and Fourth Defendants hereby accordingly unequivocally retract the said defamatory statements made of the Plaintiff by them; and

1.3 First, Second and Fourth Defendants shall be jointly and severally liable to pay the Plaintiff's legal costs on a party and party scale, as taxed or agreed.

Signed

OTTA HELENE ZILLE

(The Plaintiff) 

AS WITNESSES

1. Signed

2. .Signed

DATED AT JOHANNESBURG ON THIS 5TH DAY OF JUNE 2012

Signed

FLOYD SHIVAMBU

(The First Defendant) 

AS WITNESSES

1. Signed

2. .Signed

DATED AT JOHANNESBURG ON THIS 5TH DAY OF JUNE 2012

JULIUS MALEMA 

(The Second Defendant)

AS WITNESSES

1. Signed

2. .Signed

DATED AT JOHANNESBURG ON THIS 5TH DAY OF JUNE 2012

Signed

AFRICAN NATIONAL CONGRESS YOUTH LEAGUE

(For and on behalf of the Fourth Defendant) 

AS WITNESSES

1. Signed

2. .Signed

Annexure A

Particulars of Claim 

THE PARTIES 

1. The Plaintiff is OTTA HELENA ZILLE, an adult female and the Premier of the Western Cape Province. Plaintiff is resident at Leeuwenhof, Hof Street, Gardens, Cape Town, Western Cape. 

2. The First Defendant is FLOYD SHIVAMBU, an adult male and the spokesperson for the Fourth Defendant. First Defendant's place of residence is unknown to me. First Defendant's principal place of business is at Luthuli House, 54 Sauer Street, Johannesburg, Gauteng. 

3. The Second Defendant is JULIUS MALEMA, an adult male and president of the Fourth Defendant. Second Defendant's place of residence is unknown to me. Second Defendant's principal place of business is at Luthuli House, 54 Sauer Street, Johannesburg, Gauteng. 

4. The Third Defendant is ANDILE LILI, an adult male member and a representative of the African National Congress Youth League. Third Defendant's residential address is 63-557 Lulamile Dantile Street, Makhaza, Khayelitsha, Cape Town, 7784. Third Defendant's principal place of business is at Luthuli House, 54 Sauer Street, Johannesburg, Gauteng. 

5. The Fourth Defendant is the AFRICAN NATIONAL CONGRESS YOUTH LEAGUE, a voluntary political association and juristic person, with its principal place business at Luthuli House, 54 Sauer Street, Johannesburg, Gauteng. 

DEFAMATORY STATEMENTS MADE BY FOURTH DEFENDANT ANDIOR FIRST DEFENDANT

6. On or about 12 May 2009, the Fourth Defendant and/or the First Defendant, in his representative capacity as spokesperson for the Fourth Defendant, made and published the following statements of and concerning the Plaintiff, on the website httD://www.ancvouthleaaue.org and/or to the media, including but not limited to the Mail and Guardian Online and the Sowetan Newspaper, the contents of which were thereafter published by the Mail and Guardian Online and/or the Sowetan Newspaper. 

6.1 "The ANCYL is disgusted by remarks attributed to the racist girl Helen Zille, who when failing to defend her stupid and sexist decision to appoint predominantly white males into her cabinet, attacks the President of the Republic of South Africa." 

6.2 "Zille has appointed an all male cabinet of useless people, majority of whom are her boyfriends and concubines so that she can continue to sleep around with them, yet she claims to have the moral authority to question our President." 

6.3 lf the fake racist girl Zille continues to speak hogwash like she has been doing during the elections, we will take militant action against her, and demonstrate to her that she does not have monopoly over the Western Cape." 

6.4 "The fake racist girl who was dropped on her head as a child should understand that South Africa will never be a Mickey-mouse Republic like she wants to portray it. An absolute majority of South Africans support President Jacob Zuma and will find it very disgusting for a fake racist apartheid agent to continue undermining the highest office in South Africa." 

7. On or around 12 May 2009, the First Defendant, in his representative capacity as spokesperson of the Fourth Defendant, made and published the following statement of and concerning the Plaintiff to Kaya FM radio station which statement was simultaneously and/or thereafter broadcast on Kaya FM radio station: 

7.1 "We've got serious concerns in the manner in which racism is spiralling out of control in the mind of the sick women called Helen Zille".

8. On or around 12 May 2009, the First Defendant, in his representative capacity as spokesperson for the Fourth Defendant, made and published the following statement of and concerning the Plaintiff to 567 Cape Talk and Talk Radio 702 radio stations, which statements were simultaneously and/or thereafter broadcast on 567 Cape Talk and Talk Radio 702: 

8.1 ‘We are saying, we are saying that Helen Zille must prove us wrong that these people are not her concubines and boyfriends because these are useless people." 

8.2 "... that the reality and truth; that these are her boyfriends that she continues to sleep around with and we stand by that particular statement." 

9. On or around 13 May 2009, the First Defendant, in his representative capacity as spokesperson for the Fourth Defendant, made and published the following statements of, and concerning the Plaintiff, to Radio Sonder Grense radio station which statements were simultaneously and/or thereafter broadcast on Radio Sonder Grense: 

9.1 "She has appointed a set of boyfriends and concubines who sleep around so that she can continue to sleep around." 

9.2 "The ANC youth league is disgusted by the remarks of the racist girl Helen Zille." 

10. On or about 14 May 2009, the Fourth Defendant and/or the First Defendant, in his representative capacity as spokesperson for the Fourth Defendant, made and published the following statements of and concerning the Plaintiff, to the media, including but not limited to Independent Online, which statements were thereafter published on the website of Independent Online: 

10.1 "The threats and intimidation of racist Helen Zille and DA supporters will not stop us from articulating what we decide to articulate." 

10.2 Plaintiff was referred to as a "racist girl" who does not respect women and African people, cultures and traditions. 

DEFAMATORY STATEMENTS MADE BY FOURTH DEFENDANT AND/OR SECOND DEFENDANT 

11. On or around 21 February 2009, the Second Defendant, in his capacity as president of the Fourth Defendant, at a rally in Cato Manor in Durban, made and published the following statements of and concerning the Plaintiff, including to but not limited to the Cape Argus newspaper and Independent Online, which statements were thereafter published in the Cape Argus and on the website of Independent Online: 

11.1 "I only debate with serious political youth formations. Not a group of racist Helen Zille garden boys." 

11.2 Plaintiff was referred to as a "racist", "colonialist", and "imperialist'. 

12. On or around I May 2009, the Second Defendant, in his capacity as President of the Fourth Defendant, made and published the following statements to the media, including but not limited to News24.com, which statements were thereafter published on the website of News24.com: 

12.1 Plaintiff was referred to as "a racist little girl". 

12.2 "Helen Zille must report to Zuma about the Western Cape... the racist girl has not won.. .all of them must call ‘President Zuma' President." 

13. On or around 28 May 2009, at Luthuli House, Johannesburg, the Second Defendant in his capacity as president of the Fourth Defendant, made and published the following statement to the media, including but not limited to the Independent Online, the Cape Times, the Cape Argus and the Pretoria News which statements were thereafter published by the Independent Online, the Cape Times, the Cape Argus and the Pretoria News: 

13.1 "We will never make up with Helen Zille she is an enemy of the revolution.. ..she's a racist and will remain a racist. She has a racist agenda of making the Western Cape a province for whites only. If she had a way as premier to declare which people she wants in the province.., for sure by now she would have declared the Western Cape for whites only. 

STATEMENTS MADE BY FOURTH DEFENDANT AND/OR THIRD DEFENDANT 

14. On or about 11 January 2010, the Third Defendant, in his capacity as a representative of Fourth Defendant, made and published the following statements of and concerning the Plaintiff to the media, including but not limited to the Times newspaper, which statements were thereafter published in the Times newspaper 

14.1 "Zille is racist. Helen Zille during apartheid was not there. She never fought to liberate us and today she claims to be the champion of democracy. She wants to make sure the apartheid regime government is back." 

WHEREFORE Plaintiff prays for judgment against: 

First Defendant for 

(a) Payment of the amount of R350 000.00 (three hundred and fifty thousand Rand); 

(b) Interest at the prescribed rate of 15.5% from the date of Judgment; 

(c) Costs of suit; and 

(d) Further and/or alternative relief. 

Second Defendant for: 

(a) Payment of the amount of R350 000.00 (three hundred and fifty thousand Rand); 

(b) Interest at the prescribed rate of 15.5% from the date of Judgment; 

(c) Costs of suit; and 

(d) Further and/or alternative relief. 

Third Defendant for 

(a) Payment of the amount of R350 000.00 (three hundred and fifty thousand Rand); 

(b) Interest at the prescribed rate of 15.5% from the date of Judgment; 

(c) Costs of suit; and 

(d) Further and/or alternative relief. 

Fourth Defendant for: 

(a) Payment of the amount of R350 000.00 (three hundred and fifty thousand Rand); 

(b) Interest at the prescribed rate of 15.5% from the date of Judgment; 

(c) Costs of suit; and 

(d) Further and/or alternative relief. 

DATED AT CAPE TOWN THIS 6TH DAY OF MAY 2010

FIONA STEWART
Plaintiff's Attorneys
16th Floor, Main Town
Standard Bank Centre 
Heerengracht, CAPE TOWN 

TO: The Registrar
Western Cape High Court 
CAPE TOWN 

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