You may remember that less-than-flattering SMS the Democratic Alliance (DA) sent out about Zuma in the lead-up to the 2014 elections. You know, this one.
Well the Electoral Court didn’t think that was lekker and ruled in the ANC’s favour, saying the SMS fell short of fair comment.
And now for the good news for all those who believe in free speech. This from the Mail and Guardian:
Opposition party, the Democratic Alliance (DA) was within its rights to say in an SMS that President Jacob Zuma had stolen money from taxpayers to fund his Nkandla home, the Constitutional Court ruled on Monday.
A legal specialist in media and social media issues called the Constitutional Court ruling a “landmark judgment” and one that will liberate fair comment.
One of the major factors in the Constitutional Court’s decision was the fact that the SMS was sent out the day after public protector Thuli Madonsela released her report. According to her findings JZ ‘unduly benefited’ from the R246 million worth of upgrades. Perhaps that report was worth the paper it was printed on after all.
Seven of the ten judges ruled in favour of the DA, saying “Comments and opinions may be criticised for being unfair or unreasonable, but rarely for being ‘false’”.
I wonder whether a cheeky text on behalf of the ANC might be hitting our inboxes soon. I wouldn’t be surprised if one did.
For the full story check out the Mail and Guardian.
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