THE EFF's statements about the Gupta brothers and their employees were not just part of an election campaign, but actual threats of violence.
Judge Johan Louw today gave reasons in Pretoria’s High Court for the interdict he granted on Tuesday to stop the EFF from repeating or making further threats of violence against the Gupta family and their employees.
Malema told reporters in Joburg last week: "Gupta must leave the country. We are tired of talking about the Guptas. We are going to take practical action."
Addressing the reporters from Gupta media outlets The New Age and ANN7, Malema said: "Sisters and brothers in Gupta firms, we love you and don't want you to be casualties... We cannot guarantee the safety of those printing New Age and ANN7."
The EFF and its leaders were interdicted from participating in any conduct promoting the removal of the Guptas from Gauteng or South Africa. They were also instructed to allow journalists working for them to enjoy their professional freedom.
In his defence, Malema insisted his statements that no one could guarantee the Guptas' safety in Gauteng were not equivalent to calling for violence against them, but was simply part of robust political debate in an election year.
However, Judge Louw rejected the argument.
"No reasonable and right-thinking person would consider the statement not to be a threat of violence and that the respondents were merely campaigning for the upcoming elections,” he said.
Regarding the EFF's statements that they were going to physically drive the "Zuptas" out of Gauteng by any means, the judge said one had to look at the type of words that were used, and not what Malema said he intended to convey. The problem words were the threat to remove them “physically” and “by any means possible”.
"The applicants and their employees have a constitutionally protected right not to be threatened with violence,” said Louw.
http://www.news24.com/SouthAfrica/News/effs-gupta-comments-are-actual-threats-not-just-campaigning-judge-20160212