National
DA likely to claim double standards in defence of Nkandla SMS─── 14:28 Wed, 02 Apr 2014
Johannesburg - The Democratic Alliance (DA) is expected to argue before the High Court in Johannesburg on Wednesday that the governing African National Congress (ANC) was using double standards in its approach of the court against the opposition’s controversial Nkandla SMS election campaign.
The DA SMS, sent soon after Public Protector Thuli Madonsela publicised her final report on President Jacob Zuma’s homestead Nkandla, read: "The Nkandla report shows how Zuma stole your money to build his R246m home. Vote DA on 7 May to beat corruption. Together for change."
Ms Madonsela found that Mr Zuma benefited unduly from the R246m project, including the construction of a swimming pool, a chicken coop, an amphitheatre and a cattle kraal. She said these amounted to luxury and that Mr Zuma would have to pay back a portion of the state’s expenses.
Mr Zuma is on Wednesday expected to reply to Parliament in writing to Ms Madonsela’s findings, according to reports. ANC spokesman Jackson Mthembu was the only senior party leader attending Wednesday’s hearing.
The ANC wants the court to make at least five orders against the DA. ANC secretary-general Gwede Mantashe said last week in his affidavit that the court should find the DA guilty of contravening the Electoral Act and that the SMS amounted to publication of false information and false allegation.
The DA pointed out in its replying affidavit that the ANC national executive committee member and Public Enterprises Minister Malusi Gigaba has, within the election period, referred to the opposition as "devils" and "racists".
Others like Julius Malema, leader of the Economic Freedom Fighters (EFF) has publicly called Mr Zuma a "thief", but the ANC has not run to court, the DA argues. Agang SA leader Mamphela Ramphele has also called for Mr Zuma to be imprisoned.
The DA and the EFF have separately filed criminal charges against Mr Zuma after the release of Ms Madonsela’s report.
Mr Mantashe also wanted the court to order the DA to stop disseminating the SMS and to issue a retraction in a similar means partly reading: "The Democratic Alliance (DA) unreservedly retracts the SMS message dispatched to you earlier which falsely stated that President Zuma stole R246m to build his home". He also told the court the DA should apologise to the ANC.
Mr Mantashe said the application was urgent because the longer it persisted the greater the threat to free and fair elections on May 7. "Only 42 days remain before the elections," he said.
He said the DA’s SMS campaign created an avenue for "a free flow of campaigns based on slander, insults and deception based on false information". He said this was likely to inflame the political atmosphere ahead of the elections and heighten political intolerance.
DA national spokesman Mmusi Maimane told journalists ahead of the court hearing on Wednesday that the Nkandla SMS was issued to only just more than 1.5-million mobile phone users in Gauteng. - Sapa
The DA SMS, sent soon after Public Protector Thuli Madonsela publicised her final report on President Jacob Zuma’s homestead Nkandla, read: "The Nkandla report shows how Zuma stole your money to build his R246m home. Vote DA on 7 May to beat corruption. Together for change."
Ms Madonsela found that Mr Zuma benefited unduly from the R246m project, including the construction of a swimming pool, a chicken coop, an amphitheatre and a cattle kraal. She said these amounted to luxury and that Mr Zuma would have to pay back a portion of the state’s expenses.
Mr Zuma is on Wednesday expected to reply to Parliament in writing to Ms Madonsela’s findings, according to reports. ANC spokesman Jackson Mthembu was the only senior party leader attending Wednesday’s hearing.
The ANC wants the court to make at least five orders against the DA. ANC secretary-general Gwede Mantashe said last week in his affidavit that the court should find the DA guilty of contravening the Electoral Act and that the SMS amounted to publication of false information and false allegation.
The DA pointed out in its replying affidavit that the ANC national executive committee member and Public Enterprises Minister Malusi Gigaba has, within the election period, referred to the opposition as "devils" and "racists".
Others like Julius Malema, leader of the Economic Freedom Fighters (EFF) has publicly called Mr Zuma a "thief", but the ANC has not run to court, the DA argues. Agang SA leader Mamphela Ramphele has also called for Mr Zuma to be imprisoned.
The DA and the EFF have separately filed criminal charges against Mr Zuma after the release of Ms Madonsela’s report.
On March 24 Mr Mantashe wrote a letter to DA leader Helen Zille seeking that the party withdraw the SMS and its contents. Court documents showed that DA CEO Jonathan Moakes replied to the letter.
Mr Mantashe said the letter was "scantily written" and did not address his concerns. On the same day, March 24, DA parliamentary leader Lindiwe Mazibuko appeared on e.tv news channel, where she defended the SMS and dared the ANC to lodge a court challenge.
Mr Mantashe also wanted the court to order the DA to stop disseminating the SMS and to issue a retraction in a similar means partly reading: "The Democratic Alliance (DA) unreservedly retracts the SMS message dispatched to you earlier which falsely stated that President Zuma stole R246m to build his home". He also told the court the DA should apologise to the ANC.
Mr Mantashe said the application was urgent because the longer it persisted the greater the threat to free and fair elections on May 7. "Only 42 days remain before the elections," he said.
He said the DA’s SMS campaign created an avenue for "a free flow of campaigns based on slander, insults and deception based on false information". He said this was likely to inflame the political atmosphere ahead of the elections and heighten political intolerance.
DA national spokesman Mmusi Maimane told journalists ahead of the court hearing on Wednesday that the Nkandla SMS was issued to only just more than 1.5-million mobile phone users in Gauteng. - Sapa
