IN THE HIGH COURT OF SOUTH AFRICA WESTERN CAPE HIGH COURT, CAPE TOWN
Case No. 9351/10
In the matter between:
OTTA HELENE ZILLE - Plaintiff
JULIUS MALEMA - Defendant
Whereas the Defendant has 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 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 DEFENDANT UNDER THE ABOVE CASE NUMBER:
1. It is recorded that:
1.1 Defendant recognises the offence taken and harm caused to the Plaintiff, and accordingly unreservedly apologises for the defamatory statement made by him of Plaintiff as set out in the Plaintiff's Particulars of Claim;
1.2 Defendant hereby accordingly unequivocally retracts the said defamatory statement made of the Plaintiff by him; and
1.3 Defendant shall be liable to pay the Plaintiff's legal costs on a party and party scale, as taxed or agreed.
OTTA HELENE ZILLE
DATED AT CAPE TOWN ON THIS 11TH DAY OF JUNE 2012
DATED AT JOHANNESBURG ON THIS 6TH DAY OF JUNE 2012
PARTICULARS OF CLAIM
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 Defendant is JULIUS MALEMA an adult male and the President of the African National Congress Youth League (hereinafter "the ANCYL"). The Defendant's place of residence is unknown to me.
Defendant's principal place of business is at Luthuli House, 54 Sauer Street, Johannesburg, Gauteng.
DEFAMATORY STATEMENTS MADE BY DEFENDANT:
3. On or about 9 March 2010, the Defendant made and published the following statement of and concerning the Plaintiff at an ANCYL rally at the University of Johannesburg, to supporters of the ANCYL, a group of students, the public at large and the media:
3.1 Defendant referred to the "apartheid regime of the Western Cape" under the premiership of DA leader Helen Zille.
3.2 "Today, as I was driving here, I received a call from a priest. Zille is demolishing churches in Khayelitsha. In one church they found elders praying they dragged them out."
3.3 "Helen Zille, who is suffering from Satanism, has gone all out to demolish the churches in the Western Cape, because they are saying these churches are built on municipal land."
PUBLICATION OF STATEMENTS IN THE WESTERN CAPE AND THE REPUBLIC OF SOUTH AFRICA AS A WHOLE:
4. The statements were made to the media, including but not limited to:
4.1.1 The Citizen
4.1.2 The Cape Times
4.1.3 The Star
4.1.4 City press
4.1.5 The Witness
4.1.6 The Sowetan
4.2.1 E-news Channel
4.3 Radio Broadcasts:
4.3.2 Cape talk
5. The media publications are widely available in the Western Cape and Gauteng, as well as in the Republic of South Africa as a whole.
DEFAMATORY NATURE OF STATEMENTS:
6. The statements described in paragraphs 3.1 - 3.3 above are wrongful and defamatory of the Plaintiff insofar as they were directly and by innuendo calculated and intended to mean that the Plaintiff is a person of disreputable moral values, and guilty of conduct unbecoming to acceptable norms of personal behaviour, and more particularly that of a public representative insofar as:
6.1 Aspersions are cast on Plaintiff's religious morality;
6.2 Defendant has accused Plaintiff of being a racist and a supporter of the Apartheid regime
7. The statements were understood by the readers and listeners of the publications accordingly.
8. The statements are completely false and without merit.
9. As a result of the statements the Plaintiff has been damaged in her reputation in the minds of right thinking members of the population, generally and within the sphere in which she operates.
10. Despite demand on 11 March 2010 ("HZI"), the Defendant has failed to publish an apology or withdraw the defamatory statements.
WHEREFORE Plaintiff prays for judgment against the Defendant for:
a) Payment of the amount of R400 000.00 (Four Hundred 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
As attorney certified in terms of Section 4 (2) of Act No. 62/1 995.
Click here to sign up to receive our free daily headline email newsletter