South Africa’s Zuma sues The Guardian
The Mail & Guardian in South Africa reported last week:
African National Congress (ANC) leader Jacob Zuma is suing the Guardian for defamation over an article published last month that described his leadership style as “morally contaminated”.
He is demanding an apology and damages from the respected British daily, his legal representatives in London, Schillings Laywers, said in a statement on Monday.
It did not specify the sum Zuma is seeking over the article by Simon Jenkins, which ran under the headline “Get used to a corrupt and chaotic South Africa. But don’t write it off.”
The law firm said: “Mr Zuma believes that the published column contains grossly defamatory,false and indefensible allegations, the most serious of which is the false claim that he is a rapist.”
It quoted Zuma as saying: “The media should report accurately and honestly. It is not fair that they should print lies, distort or exaggerate issues merely for the sake of sensationalism and increased revenue.
“How can they be allowed to damage a person’s reputation in this way? The world needs a media that all people can rely on, even in the United Kingdom. In this matter I was obliged to act where I had been wronged.”
Shillings Lawyers said the article has been removed from the Guardian’s website.
It had warned that those “dealing with South Africa must probably get used to Zuma’s style of government — morally contaminated, administratively chaotic and corrupt”, and quoted an unnamed friend of the author describing Zuma as “a criminal and a rapist”.
Zuma, who is expected to become president after next week’s elections, is also suing local satirist Jonathan Shapiro, the Sunday Times and its holding company for R7-million over a cartoon depicting him raping Lady Justice.
The article has indeed been removed from The Guardian’s website, but you can read it here.
Comments
| 21 April 2009, 11:48 pm |
Interesting. I have been posting on HP for a while, and have never so far been placed in a moderation queue. I do hope this isn’t because I have challenged a couple of top UK censorship (i.e. libel) firms….
| 21 April 2009, 11:51 pm |
….and half the ANC were in MI6’s pocket from way back, and I wonder if they still are (I hope so)
| 21 April 2009, 11:53 pm |
his legal representatives in London, Schillings Laywers
:Facepalm:
| 21 April 2009, 11:57 pm |
I have been posting on HP for a while, and have never so far been placed in a moderation queue.
Judging by which of my comments did and which did not get placed in the queue on the post below this, I think “f*ck” sets of the automod (but “fucking” doesn’t).
| 22 April 2009, 12:00 am |
Judging by which of my comments did and which did not get placed in the queue on the post below this, I think “f*ck” sets of the automod (but “fucking” doesn’t).
Also: “h*ell” and “Barack Obama is a preening, contemptable, vain, narcissistic, metrosexual p*ssy.”
| 22 April 2009, 12:03 am |
Thanks for that information: in future, like Private Eye, I shall replace “Carter-F*ck” with “Farter-F*ck”.
| 22 April 2009, 12:05 am |
I’m blessed.
As for the title story, I can understand why the likes of Galloway would invoke libel laws when his financial probity is question, and also why unnamed individuals may use it as a money-spinner, but the purpose of this beggars belief. Why, what can he possibly hope to gain in the globalized meedjah world?
| 22 April 2009, 12:27 am |
Cry the beloved country!
Here and here (especially brilliant).
Zuma will have a great, Mugabe-esque honeymoon – for those that remember the early 80s and how everyone gobbed off about how great Bob was post Lancaster house – I remember that shit like it was yesterday. I predict that many will be relieved at the clear sense that he – Zuma – talks. I fear it will be a false dawn. The authoritarian African basket case tendencies will kick in….and fuck I really want to be wrong on this.
But I promised myself, that I would not indulge myself with wishful thinking and would not be in SA for a Zuma presidency.
I’m a 48 yr old Brit that went to SA full of hope in 92 after De Klerk’s massive watershed, I got to vote in the first all race elections in SA in 94. I spent 17 years in SA.
Since then, around 1 million South Africans have emigrated to the UK. Hell….the local butcher here near Farnham in Surrey stocks the South African staples – biltong and boerworse.
A considerable further tranche of Sith Ifricans have gone to Australia, New Zealand, Canada and the US – indeed many now call that small town on the West coast of Australia – Perthfontein!
On the Ausi skills migration programme, there being so many South Africans in Australia, including many Afrikaaners, one now gets points for speaking Afrikaans….really, it’s true, I jest not!
It’s a fuck up, and very, very sad.
Maybe I’ll unpack this a tad further and ask David T to let me do a guest post…… I’m really quite gutted.
| 22 April 2009, 12:43 am |
Gene wrote:
The Sunday Times and its holding company for R7-million over a cartoon depicting him raping Lady Justice.
The cartoon in question.
| 22 April 2009, 1:06 am |
Speaking of libel/defamation suits, we don’t seem to have heard any more about the Daud ‘n’ Hazel Show. April 15 came and went . . . has he quietly had second thoughts?
| 22 April 2009, 1:19 am |
People will say all kinds of things.How many people will he sue? Instead of wasting his time and money with these law suits, he just has to prove them wrong with his good leadership skills after he wins the elections as expected.
| 22 April 2009, 2:18 am |
Nick has said it all, except that he didn’t mention that not only the Afrikaaners, Jews and English-speaking whites are packing and fleeing the bloody awful mess that lies in South Africa’s future.
The Asians, who can smell political and economic disaster on the breeze like a young male dog can smell a bitch on heat in the next valley, know all about the joys of black African nationalism, whether bloodless confiscation and extortion – as in Uganda – or crude and unashamed greed-motivated and revenge-motivated rape and massacre, which is what happened in Zanzibar. A mighty host of South African Asians now possess Australian citizenship.
If you’re inclined to visit South Africa as a tourist, go right now before the beloved country REALLY starts going down the drain.
| 22 April 2009, 3:30 am |
The unspeakable in pursuit of the intolerable?
| 22 April 2009, 3:45 am |
I have to agree with Henry Kissinger – it is a pity they both can’t lose.
| 22 April 2009, 5:37 am |
If you’re inclined to visit South Africa as a tourist, go right now before the beloved country REALLY starts going down the drain. — Bill Corr
I went in 98 and for 3 months in 2005. My sister lives there with 3 kids all South African born and her Boer husband(great bloke).
What a beautiful country!
Long term, Im not optomistic for SA. Black incompetence and corruption, positive discrimination inneffeciency and looting the treasury.
The best time to go to South Africa was in the mid 90s. From 1998 to 2005, I could see the rot, literally.
Who knows what the inevitable break up of the ANC will bring, possible dissaster, tribal fighting.
Interestingly enough, my sister used to be a head hunter in South Africa, helping US business immigrate skilled labour to the US.
Sorry for rambling.
On a side note, Kruger National Park is already a dissaster. Mismanaged, service quality is way down, but the number one problem with Kruger, is that the damn Leftwing bunny huggers have been running wildlife management policy and they couldnt cull an elephant to save their lives. Now elephants are visibly destroying Kruger National Park, the Upper Northern Region has huge areas of unmitigated disaster, elephants literally having snapped every tree in half for hundreds of square miles…..as far as the eye can see. Their are nearly 15000 elephant in the park and they are threatening everything in the park. The elephant processing station which used to make money on the side using elephant meat, hair, and ivory lies dormant, and now instead of culling a few animals every year, they are talking about mass killing thousands of elephant in one go. This is what you get for listening to Leftwingers. Foolishness…..they would rather cull humanity than elephants…where did these twisted people come from?
| 22 April 2009, 5:43 am |
My long post was m odded….in short.
I have traveled to SA in 98 and 05. I have family in SA. Medium-long term prospects for SA (which has so much promise and the best infrastructure on the continent) are not good.
Elephants are ruining Kruger Park due to Leftwing Emotionalist driven policy.
Wish I could elaborate more.
| 22 April 2009, 7:07 am |
Cipriano, I found myself on the moderation queue once too. I don’t mind this practise at all and am only to pleased, if something unsuitable of mine is censored.
I thought the HP might have been worried at the time about that ’stalker’ who was making 40 phone calls etc.
Or else they were afraid I was about to make a declaration of love to someone. (Joking)
But I do have a tendency to go over the top, to be fey. I have asked David T please to snip my mail ruthlessly if it becomes embarrassing. It would give me a sense of relief.
I suspected the situation in S.A might deteriorate. Otherwise I would have considered going back to live in Cape Town or in Swakopmund in Namibia. It’s such a beautiful country; it should be a Paradise.
David T’s father knows Afrikaans. I have just translated some Afrikaans poems, which he set to music, into English.
| 22 April 2009, 8:14 am |
I suggest we all protest at the High Court with condoms on our heads and waving shower heads.
| 22 April 2009, 8:37 am |
David T’s father knows Afrikaans. I have just translated some Afrikaans poems, which he set to music, into English.
Felix: I have been trying for ages to get hold of a poem I studied at University – N P van Wyk Louw’s poem Die Hond van God (pun on Domini Cane of course ) a monologue that gets into the mind of a torturer during the Inquisition- preferably the original Afrikaans or a translation- can you help?
| 22 April 2009, 9:00 am |
Amie – I have Die Hond van God in my copy of Grove and Harvey’s Afrikaans poems with English translations, but it is too long to transcribe, at least right away. N P van Wyk Louw was indeed a very great poet, and I’m thinking I could photocopy it from the book at work and send it on to you. Alternatively, the book I have, which includes NP’s other superb poems Die Profeet, O wye en droewe land and a heap of others, with many poems by D J Opperman, all chronologically ordered from J Lion Cachet to Peter Blum, is available from abebooks.co.uk, at £9 cheapest price, link here:
| 22 April 2009, 9:05 am |
Thanks so much Tom, I will order that book. If I can’t get it for some reason, I’ll take you up on your offer of photocopy.
| 22 April 2009, 9:16 am |
It’s a pleasure! And I’m sure you’ll love the book. It’s rather strange that it doesn’t seem to be transcribed online anywhere. I guess in the future if something’s merely on paper it might as well not exist!
| 22 April 2009, 9:39 am |
Rainbow Nation? “Apres moi, une deluge”.
Cipriano. I am never abusive and frequently placed in a moderation queue. Indeed, you may even be unable to read this for a little while.
| 22 April 2009, 10:17 am |
This young fellow on a You Tube clip provides a heartfelt but fair summary of the Zuma fiasco -here.
| 22 April 2009, 10:39 am |
“Apartheid never stamped out a free press or political opposition”. So claimed Simon Jenkins in the same article which is now the subject of this libel action.
Zuma was acquited of rape and the corruption charges were dropped, so any newspaper that publishes claims that he is a “rapist and and a criminal” is risking a libel suit, and my money is on the plaintiff prevailing, should the case reach court.
I know little of the corruption allegations, save what I have read in the press, and so I have nothing of any particular value to add here. I have, however, read an accademic paper (link below) which sets out in a fairly balanced way the main facts of the case, and also includes some interesting background information and observations of public opinion.
By the time the rape allegations reached court, the case had become so politicised that both the supporters and opponents of Zuma had already made up their minds – Zuma was guilty as hell or as pure as the driven snow – and the evidence in support of either contention became secondary.
Jenkins’ mistake was to go to print on the basis of his prejudice, whilst ignoring the verdict, which he assumes to be flawed. I suspect that he arrived at that position on the basis of little more than received wisdom. There is no indication, from reading his article, that he has bothered to examine the evidence that led to the acquital.
If one can put the politics of the case aside for a moment and focus solely on the evidence presented in court, it becomes obvious why Zuma was acquited. This case essentially turned on who to believe – the complainant or the defendant, there being no other eye witnesses, as it frequently the case in rape trials.
During the trial, the judge allowed the defence to introduce the complainant’s past sexual behaviour and conduct. The judge’s decision in effect destroyed the prosecution’s case. It emerged that the complainant had made allegations of rape or attempted rape against six other men prior to the Zuma case, and the defence brought forth several witnesses, both men and women, who described the complainant as a liar.
Under cross examination, the complaint’s evidence was, at best, unconvincing, and at one point she recanted on her evidence.
There are many disturbing aspects of this case, for example the HIV / shower incident, and Zuma by no means emerges unscathed. However, to describe a man as a rapist when he has been acquited in a court of law which complied with due process, is wrong and, I strongly suspect, libellous.
http://www.friendsofjz.co.za/documents/The%20Rape%20of%20a%20Trial.pdf
| 22 April 2009, 10:46 am |
…and Australian Broadcasting Corporation’s recent, slightly more detailed and measured synopsis – – here.
| 22 April 2009, 11:17 am |
South Africa, during the apartheid era, most certainly did censor.
| 22 April 2009, 12:10 pm |
another great thread on HP. I wonder if david T worries about the affect that these loons are having on the image of this blog…
| 22 April 2009, 12:33 pm |
“There is no indication, from reading his article, that he has bothered to examine the evidence”
That would not be the first time that he has filled column-inches with nothing more than baseless speculation pretending to be “wisdom”, received or otherwise. He is a pompous ass.
| 22 April 2009, 3:24 pm |
Nick, thanks for linking to the three cartoons. They were all very good. You are right that the one showing China’s leader as the new Cecil Rhodes dominating Africa was the best. It is hard to believe that someone whose campaign song is “Bring me my machine gun” is going to govern democratically. Still I hope South Africa democracy can last even in a corrupt, chaotic country. At best South Africa might be like India, at worst Nigeria.
Are there any good South African blogs we can link to? Especially any written by a black South African?
| 22 April 2009, 4:04 pm |
The ANC needs to be taught a lesson. COPE arises out of the liberation struggle. And indeed the Democratic Alliance is the present embodiment of the tradition of Alan Paton and Helen Suzman, nowhere near as liberal rather than radical as is usually assumed. Neither is going to win. But strong showings for both would be a very healthy sign.
| 22 April 2009, 4:16 pm |
COPE arises out of the liberation struggle: It would be nice to think that, but from what I have seen it arises from the jilted pissed off friends of Mbeki tendency.
| 22 April 2009, 4:31 pm |
Who? Allan Boesak? He was one of the most prominent faces of the struggle back in the day. And he’s not the only example, of course.
| 22 April 2009, 4:36 pm |
Has not Rev. Boesak, a Coloured or mixed-blood, been in the doghouse since he divorced his first wife and married his white mistress?
| 22 April 2009, 4:44 pm |
What a charming way with words you have. The Coloureds, to some of whom I am related, are a fascinating and quite distinct people. The mixed is not just really mixed, but mixed a long time ago. None of the “so-called coloured” rubbish. They are Coloured with a capital C.
Boesak’s sexual past certainly bears comparison to Zuma’s sexual present, if that is the criterion.
| 22 April 2009, 5:03 pm |
David All
Are there any good South African blogs we can link to? Especially any written by a black South African?
I’m sure there are; but I don’t follow any SA political blogs…if I did I would most probably loose the will to live!
At best South Africa might be like India, at worst Nigeria.
Yup, but India is a proper democracy, it’s had a number of transitions of power. South Africa is what I would call a nascent democracy. The real test will come when the ANC are threatened at the polls. Will they resort the African stereotype – violence, intimidation, corruption and rigging? I hope not, but all the indications are, that they will.
| 22 April 2009, 5:18 pm |
David T:
South Africa, during the apartheid era, most certainly did censor.
Yup, only competely! The press is relatively free in SA now. This is marker to watch very closely.
Mind you, this ad was pulled. I thought it rather good!
| 22 April 2009, 5:27 pm |
My niece in South Africa wrote to me to say that women apeared outside the court holding posters bearing posters with the words “Rape me Zuma.”
Annie, I’m glad your problem has been resolved. Doesn’t Die Hond van God sound remarkably reminiscent of the Hound of Heaven by Francis Thompson?
| 22 April 2009, 7:19 pm |
David Lindsay: I apologize if I offended you or your relatives. I did not mean to. As I understood in South Africa, Coloured is what people are called who are of mixed white, black and sometimes Asian ancestry.
Nick (ex South Africa): It is true that India has gone through a number of peaceful transitions of power. But remember that when Indira Ghandi and the ruling Congress Party was first seriously threathen in 1975 with being turned out of power, they declared a State of Emergency locking up thousands of their opponents and established authoritarian rule which lasted until Ghandi and Congress were voted out at 1977 elections. Elections that they allowed to occur because they were sure that the majority of the Indian people were too intimidated by Emergency Rule to vote against Congress.
| 22 April 2009, 10:19 pm |
Fellix- I don’t know the poem you refer to- I have had a quick look and look forward to reading it when more time.
NickSA: What was that banned ad meant to be advertising?
David Lindsay: Its not his marital affairs which make it an embarassment to cite Boesak as a fine role model- ( I knew the cuckolded husband of Elna) it’s the fraud conviction. Stealing from your own charity- sies.
| 22 April 2009, 10:48 pm |
NickSA: What was that banned ad meant to be advertising?
It’s an SABC – South African Broadcasting Corporation – social commentary ‘ad’, Mzansi is a synonym for South Africa. It caused a bit of a stir and was pulled.
The role reversal thing was rather well done. Of course it aint quite that simple in reality now.
| 22 April 2009, 11:02 pm |
….whilst we’re about it, some completely gratuitous, but rather excellent Mzansi Kwaito – Arthur Mafokate.
| 23 April 2009, 12:28 am |
Well, one thing – I do recall Zuma was one of the few SA politicians to offer the MDC even the slightest bit of support by criticising Mugabe. He is a trade unionist – which gives you a little bit of hope, since surprisingly few trade unionists end up as dictators.
As for the sex angle, well we can look back at Clinton (“put some ice on it honey”), Lloyd George, Kennedy and a few others, enough to know that the sort of hormones that see you through the rigours of politics are often also the sort that give you a very active sex life. Not to minimise the gravity of the charges against him of course.
As always, judge by actions not words. If he gets in and pulls the rug from under Mugabe, well I for one won’t be wasting too much time worrying about corruption charges. We’ve seen Mark Thatcher create a fortune out of nothing when Mum was PM. We’ve seen the Mandelson Mortgage, the F1 Ad Scandal etc etc etc. We’ve seen ex Ministers taking fat cat salaries. We’ve seen all sorts of goings on among our own supposedly upright politicos. Let’s not raise the bar for South Africans – and let’s not lower it either.
On the subject of “coloureds”, I think my old university friend (even though a right on lefty) was quite happy to be described as a coloured in a South African context. He was always very proud of the communist influence within the ANC by the way.
| 23 April 2009, 12:48 pm |
about Boesak: I recall this most pitiful event- TV personality Colin Fluxman -I was at school with him and he lived in the same townhouse complex as me and was a fellow broadcaster with my brother in law:
Fluxman broke down on air, while being forced to read out the news of the break up of his marriage because of his wife’s affair with Boesak, on breakfast television.


Anyone who employs Schillings or Carter-Fuck is ipso facto guilty of whatever they are accused of. Those firms (Schillings is retained by Dolly Draper, ha-ha!) are maintaining a consistent attack on free speech in the UK.