Solidarity Movement will urgently approach the court to stop EFF incitement
9 April 2015
Late yesterday afternoon, the Solidarity Movement sent a letter of demand to the Economic Freedom Fighters (EFF) demanding that, before 15:00 this afternoon, this party should undertake to stop their incitement to damage or destroy statues immediately.
If the EFF does not give this undertaking, the Solidarity Movement will urgently approach the court to obtain an interdict.
Johan Kruger, Deputy Head of Solidarity, said an incitement to commit a crime is a criminal offence in itself. "The EFF leadership's incitement to destroy statues is a crime and irresponsible. The Solidarity Movement calls the EFF to order and will ensure that further incitement is prohibited, even if it implies that we must take urgent legal action," Kruger said.
Kruger furthermore confirmed that the Solidarity Movement will welcome a constructive debate on the history of the Afrikaner and the issues regarding the statues. "We are committed to showing mutual respect and recognition, and we expect the same from all groups in South Africa," Kruger said.
The trade union Solidarity, AfriForum and Solidarity Helping Hand is part of the Solidarity Movement and represents 300 000 South Africans.
THE ECONOMIC FREEDOM FIGHTERS (EFF)
ATTENTION: MR JULIUS MALEMA, SPOKESPERSON MR MBUYISENI NDLOZI AND DEPUTY CHAIRPERSON OF TSHWANE, MR MOAFRIKA MABONGWANA
(hereinafter collectively referred to as "the EFF")
Sir / Madam
RE: DAMAGING AND DEFACI NG NATIONAL HERITAGE STRUCTURES: SOLI DARITY MOVEMENT TRUST / /THE EFF
1. We refer to the above matter and confirm that we act herein on behalf of our client, The Solidarity Movement Trust.
2. Last month, Mr Julius Malema in his capacity as leader of the EFF, reportedly addressed a gathering of EFF members in Langa, Cape Town and urged South Africans to tear down
symbols which reminded them of apartheid, including the statue of former Prime Minister Louis Botha outside Parliament in Cape Town.
3. The above statement directly resulted in the malicious damaging of various national monuments before and during the past weekend, including the Paul Kruger and Burgher statues in Pretoria, which were vandalised with green paint just days after the EFF threatened to physically remove the monuments.
4. On 6 April 2015, EFF's spokesperson Mr Mbuyiseni Ndlozi admitted that the members of the EFF in Tshwane were responsible for defacing the statue of Paul Kruger in Church Square.
5. The EFF's deputy chairperson in Tshwane, Mr Moafrika Mabongwana, confirmed the above and congratulated the members of the EFF for the action they have taken. Mr Mabongwana further stated the EFF would stand by their members even if they faced legal action.
6. Mr Bo Madwara, the EFF's deputy chairperson for Nelson Mandela Bay region, stated that they (the EFF) will seek to destroy all colonial statues that have been identified. Mr Madwara further confirmed that the local chapter was behind the setting alight of the war memorial statue in Uitenhage's Market Square.
7. On 3 April 2015, Mr Nazier Paulsen, a member of the EFF's central command team, warned that if the government wants to preserve these statues, they'd better act fast as this is the first of many.
8. These reckless acts of vandalism of national heritage sites and symbols constitute a criminal offence, which is also in contravention of the National Heritage Resources Act.
9. It is our instructions that our client demand your undertaking that you immediately cease to incite South Africans, both publicly and in private, to deface, break down or in any way cause to be damaged any national heritage structures, and that you further undertake to inform your members of the legal consequences of their actions.
10. Should you fail to adhere to this demand, and if we do not receive your undertaking by tomorrow, 9 April 2015 at 15h00, it is our instructions to proceed with an urgent application to the relevant forum for the appropriate relief, together with appropriate order as to costs.
Yours faithfully
SERFONTEIN, VILJOEN & SWART
Per: MR SWART
ENDS
Statement issued by Johan Kruger, Deputy Head: Solidarity, April 9 2015
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