FORM 2 PART E: PARTICULARS OF COMPLAINT AND RELIEF SOUGHT Nature of complaint: (Pleaso give full aint, the dete of the in 1nd the ible witnesses. Also indicate whi boon violated and th 1s why You thin such right w Details of Complaint Mr Julus Malema addressed supporters of the Economic Freedom Fighters (EFF) on 20 November 208 outside the offices ofthe media group Tio Blackstar, which is also the venue that houses the Commission of Inquiry into State Capture, where Mr Malema made the following utterances against me: “Our attack on Pravin Gordan is an attack on White Monopoly Capital because Pravin i @ 09 of White Monopoly Capital. We must hit the dog unt the owner comes out and once the ‘owner comes out, we must deal decisively withthe owner. Pravin is @ cabal that belongs to the UDF and destroyed all good African comrades .. he's no good this guy. He has destroyed Peter Mokaba, Winnie Mandela, he has destroyed everyone else that stood forthe truth against the apartheid regime... Pravin has gone i oll SOE and removed al black excallence bbocause he hates Africans, he doesn Ike Africans. Any Affican who speaks back to Pravin, Pravin threatens those people. (Once you take @ decision to go afer Pravin, you must be ready. If you are not ready, dont come fo the EFF. We've now taken a decision to fight Pravin, and therefore you must know Pravin is going to fight dirty... Thore willbe casualties. There can even bo ole of fe. you ‘are not ready for that, stand aside, Im not scared. 'm ready. Im prepared to confront thom one by one" ‘These statements canbe found. onthe —fallowing tink: iosdiws youtube confysicotusb7esrsiIVeY at 2minvtes 28 seconds and 10min 50 ‘Seconds respectively ‘Me Malema's statement indicates that | am a dog of White Monopoly Capital who must be [assaulted that | dostoyed individuals who ood forthe rah againet the apartnad ogi; that hate Africans and threaten thom when they retaliate: and that going afer me implies hal ‘there willbe serious consequences incuding the loss of ie, In a blog by Mr Floyd Shivambu dated 19 October 2018 tiled: “Pravin Gorahan runs @ Cabal ‘and operates a parale! State apparatus n South Africa” which can be accessod on tis Ue Iinemot Inve nutithunveSo,isVies comn/2078! arena ite ‘2527895 in| Me Shivambu makes vavious hatefl and defamatory statements againsi me. ‘There include: *..PG, as his protégés refer to hin, employs a combination of narcissism, sollighteousness, ‘manipulation end threais to domestcale Afcan comrades and achieve his seish ends. HS ‘overarching and abiding intentions are the protection and empowerment of poopeprimariy of Inlan descent - all of this he does under the caver of transformation. Toward ths parochial fend he finds 2 ready aly in tho white capitalist estabishmet. ‘As wil be argued, Pravin (and bis Cabal) employs poltical blackmail 0 slander poitcal ‘epponents and then hold his actions and articulations up as @ modular example of poiticalVirtue and duty n an arte published in 1917, Lenin wars against polticalblackreall, which ‘ho dofined as; "the extytion of money under Unoat of exposing certain fects oF invented “stores” which may be dsagresatie tothe person concemed, ” under threat of causing hin some other unpleasariness. Poltical Blackall isthe thveat of exposing, oF the actual ‘exposure, of tue, but more often invented, “stores” withthe aim of causing an opponent ;pltical damage, of slandering hi, of depriving him ofthe possibilty of engaging in political Betty, oF of making i cut for him, ‘The Cabal was basicaly an Indian Cabal that was put in place to slender the charactor ard standing of Aican conades in the MOM, and twas ied by Pravin Gorahan. Even whon the MOM was contfonted with a cammon enemy the white settler colonial state = Pravin wes keen on sowing dusions within MOM structures, undermine and denigrata the ‘ole of mosty Acan leadership in the mass movement. The essence of Pravin’ ideological {and poltical outlook was and remains cofaboravion wih existing capfalist interests and lundermining the overall eadership ofthe movement. One ofthe distinct features of the Cabal under the leadership of Pravin was domestication of ‘Atican comrades. And this phonomanen continues to dofine how he relates with Afican leadership inthe ANC up to this doy. [Me Shivambu makes many other equally defamatory statements against me inhisblog. Ihave ‘ot quoted them so as o avoid making this effdavt nnecessarly bulky. However a copy of the entire blog can be accessed at the ur link | have relerenced above. ‘Right which has been vilated [My fight in terms of Section 10(1) of the Promotion of Equally and Prevention of Untac Discrimination Act 4 Of 2900 "Equality At") has bean violated. Section 10 ofthe Equality Act provides that “Subject tothe proviso in section 12, no person may publish, propagate, advocate or ‘communicate wards based on one or more of the prohibited greunds, against any person, that could reasonably be construed to demonstrate clear intanton to (2) be hurt (@) be harm orto incite harm: or (©) promote or popagate hatred.” Section ¢ ofthe Equality Act defines prohibited grounds as (6) rece, gender, sx, pregnancy, mil status, ethnic or social origin, colour, sexual ‘orlentaton, age, esebiliy, religion, conscience, Bae, culture, language snd birth or (0) any other ground wiere ciscriminetion based on that other ground () causes or perpetuates systomic disadvantage; {@) undermines human dignty: or (i) advereoly affects the equal enjoyment of person's rights and freedoms in 2 serious manner thats comparable fo dscriminaton on @ ground n paragraph @: Section 12 ofthe Equality Act which prohibits the dissemination and publication of information that unfair discriminates has also been Violated. I reads as follows“No person may— (a) disseminate or broadcast any information: (©) publish or display any edverisement or notice, that could reasonably be construed or reasonably be understood to demonstrate @ clear intention to unfaiy discriminate against ary person: Provided that bona fide fengagement in aristc creativity, academic and sclentile inguiy, foi and accurate ‘reporting in the pub interest or publication of any information, advertisement ornotce in accordance wih section 16 of the Constlution, isnot precluded by this section.” ‘The statements seek to domorise me by drawing a comparison between me and a dog and cling mea frend ofthe aparthoid regime and also inleate that anyone who “ight him* may ‘end up dead. The statements advocate hatred and propagate violence towards me, ae racist ‘and undermine my human dignity “The statements suggestanc were understood to mean that | have blackmailed and threatened people; that I estabished an unconsttutonal and unlawful unt: that I run a paral! stat Lndorrining African leadership, that nave captured people, amongst others, are nal fue and correct and were published by Messrs Malema and Shivambu with the intention fo defame ‘me, hurt my good name and reputation, as thre s no evidence to substantiate them. ‘These statements are based on the prohibited grounds of dser*minaton that undermine human dignity and infin upon various consttutonaly guaranteed human rights such as my tight not Be to unfairy discriminated against as enshvned in saction 9 of the Constitution, a8 well as my ight to human dignity 2s enshrined in section 10 ofthe Consititon, “The offending statements by Messrs Malema and Shivambu should be declared to be hurtful harmful, incting ham and propagating hatred: ininging on my inherent ight to nave my ‘ignity respected and protected; and to amount to hate speech as envisaged in section 10 of the Equalty Ac, read together wih section 10 of the Constitution ‘The offending statements speak il of me and suggest that fighting me isnot only dangerous but can load toss of ie, How has it affected you? thas impaired my cignty, character and poltical prsona, The statement has also propagated hatred and volence towards me. ‘The statements are unressonable and unjustfiable as they intinge on my right to a good ‘name. The statements ae not tus and not supported by any evidence ‘Tho statements are interded to exo0s0 me fo hatred, contempt, ridicule and to diminish the {esteem in which | am helt by the people ofthe Republic of South Arica Docum ntiate your complaint (2.0. ces, records of conversations) to substa im? 31