Hereby the lawyers letter that the ANC sent to Zille demanding her party's speedy retraction of an objectionable leaflet distributed by the DA.

ANC Western Cape secretary Songezo Mjongile demands an apology and retraction of the DA's latest racist leaflet.

Issued by ANC Western Cape Provincial Secretary Songezo Mjongile, April 11 2014

Letter from Bagraims attorneys, acting on behalf of the ANC Western Cape, to Helen Zille, Leader of the Democratic Alliance, April 11 2014

RE: INFRINGEMENT OF THE ELECTORAL ACT AND ELECTORAL CODE OF CONDUCT

We act for the African National Congress in the Western Cape which has instructed us to address this letter to you.

My instructions are as follows:

1. The Democratic Alliance (the DA) is a registered Political Party and as such, is bound by the provisions of the Electoral Act 73 of 1998 ("the Act"), the Electoral Commission Act 51 of 1996, as well as the Electoral Code of Conduct ("the Code") as contained and provided for in Section 99 of the Act and Schedule 2 to the Act.

2. The DA has printed and I or caused to be printed, circulated, distributed and I or erected, extensively, the pamphlet annexed hereto, in both English and Afrikaans throughout the Western Cape.

3. Our client is of the view that these pamphlets clearly violates the Electoral Act, the Electoral Commission Act and Electoral Code of Conduct, in that:

3.1. It violates Section 9(1) of the said Code as the pamphlet publishes false or defamatory allegations in connection with the election in respect of my client, its candidates and/or representatives.

3.2. It blatantly transgresses Section 89(1) of the Act which provides that: "No person may publish any false information with the intention of - (c) influencing the conduct or outcome of an election".

3.3. It sows racism in that you allege that the "new Employment Equity Regulations.... will prevent thousands of coloured people in the Western Cape from getting jobs ..."

3.4. This statement and the whole essence of the pamphlets are clearly geared to divide communities on racial lines, and cause serious discontent amongst members of various communities.

4. It is the contention of my client that the pamphlet is defamatory in that it purposefully disseminates false information to the community regarding the draft Employment Equity regulations process, which has not yet been finalized as National Economic Development and Labour Council (NEDLAC) is consolidating the inputs received from various sectors of the community, with the aim to instil fear in the voters that a vote for the ANG will equate to voters being marginalized and possibly losing their jobs. The DA has full knowledge that the Employment Equity regulations process has not been finalized and despite this knowledge continued and continues to issue these pamphlets.

5. My client further contends that this pamphleteering campaign (which contents are unconstitutional) is tantamount to the tactics of the old Apartheid government in instilling "swart gevaar" into the voters in order to secure votes for the DA.

6. I draw your attention to the sanctions contained in the Act and the said code. If the DA is found guilty of violating either Section 89 (2) of the Act, and I or the Code, read with Section 94 of the Act, the potential sanctions include:

(a) A formal warning;

(b) A fine not exceeding R200 000.00;

(c) The forfeiture of any deposit paid by that person or party in terms of Section 27 (2) (e);

(d) An order prohibiting that person or party from -

(i) Using any pubic media;

(ii) Holding any public meeting, demonstration , march or other political event;

(iii) Entering any voting district for the purpose of canvassing voters or for any other election purpose;

(iv) Erecting or publishing billboards, placards or posters at or in any place;

(v) Publishing or distributing any campaign literature;

(vi) Electoral advertising; or

(vii) Receiving any funds from the State or from any foreign sources;

(e) An order imposing limits on the right of that person or party to perform any of the activities mentioned in paragraph (d);

(f) An order excluding that person or any agents of that person or any candidates or agents of that party from entering a voting station;

(g) An order reducing the number of votes cast in favour of that person or party;

(h) An order disqualifying the candidature of that person or of any candidate of that party; or

 (h) An order disqualifying the candidature of that person or of any candidate of that party; or

(i) An order cancelling the registration of that party.

7.. Unless you forthwith withdraw the pamphlet and furnish us with your written undertaking and confirmation of this by 12:00 pm on Monday, 14 April 2014, we have instructions to take the appropriate action and obtain the appropriate relief, including but not limited to referring a complaint to the Independent Electoral Commission, and hold you liable for all costs on a punitive attorney and own client scale.

The ANC's rights are strictly reserved.

Yours sincerely,

BAGRAIMS ATTORNEYS

PER GREG DUNCAN

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