At an election rally in January last year, the African National Congress Youth League leader said: “When a woman didn’t enjoy it, she leaves early in the morning. Those who had a nice time will wait until the sun comes out, request breakfast and taxi money. You can’t ask for taxi money from somebody who raped you.”
He was responding to a question about Zuma’s fitness for office by referring to the judgment of Judge Willem van der Merwe, who acquitted Zuma of rape in 2006.
Last month Malema was ordered by magistrate Colleen Collis to publicly apologise and to pay R50 000 to People Opposing Women Abuse.
Malema’s appeal will enable the high court to pronounce authoritatively on the scope and meaning of the hate speech provisions in the Promotion of Equality and Prevention of Unfair Discrimination Act and, perhaps, its interpretation in line with the constitutional definition of hate speech, the report added.
Malema said that when he made his comment, he was merely recounting Van der Merwe’s judgment. If he had stereotyped rape victims, it was because the judgment had done so, Malema said.
Malema is also due in the Johannesburg Equality Court for a subsequent hate speech case, this time over the “Shoot the boer” song.
Those initial proceedings begin on May 3. SAPA