Criminal charges to be laid against Lesufi after retweeting Magor’s address

Gauteng premier Panyaza Lesufi may be facing criminal charges after retweeting alleged racist Belinda Magor’s personal details.

Magor’s racist comments in a WhatsApp group were widely circulated amid a public outcry.

Ekurhuleni ward councillor Simon Lapping, in whose ward Magor allegedly resides, will be laying criminal charges against Lesufi today.

While Lapping finds Magor’s message “disgusting”, he said he was equally abhorred by Lesufi’s irresponsible behaviour.

Lesufi equally as guilty

Lesufi retweeted a message from a small, seemingly fake Twitter account with 849 followers to his 343 000 audience, in the process not only contravening parts of the Protection of Personal Information Act, said Lapping, but also – and dangerously so – could have incited violence against Magor, and caused widespread mayhem in his Boksburg ward.

“The premier’s wide reach on social media and concomitant influence may be the cause of protests at the address listed on the tweet. Magor’s cell number was also listed,” Lapping said.

“Magor must face the full might of the law for her despicable remarks, but Lesufi is equally as guilty by breaking the law and, what I would hazard as a guess, purposefully retweeting her personal details. Nobody appointed him judge, jury and potentially in this case, executioner.”

Spokesperson for the National Prosecuting Authority Bulelwa Makeke said prosecuting the matter was not as cut and dried as it seemed. Whether or not the NPA would prosecute is dependent on various facts.

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“We do not make decisions [based] on allegations in newspapers, we will decide on statements under oath, supported by documentary evidence before a decision can be made,” she said.

Lapping plans to provide a copy of the tweet and subsequent Azapo-led protests at Magor’s address, as listed on the tweet, at the charge office.

A prosecutor, who spoke on condition of anonymity, said Lesufi should be charged, but that in the SA justice system “some people are more equal under the law than others.”

He has some answering to do

Johannesburg attorney Tanner Coe said that while he does not condone Magor’s voice note at all, Lesufi has some answering to do for his own actions. He said Section 17 of the Riotous Assemblies Act, 17 of 1956 cover incitement to violence.

“Whether the person responsible for the public statement had the intent to incite violence does not matter, what is taken into consideration is whether the publication had the effect of inciting violence,” Coe said.

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Lapping said Magor’s message and concomitant publicity places her life in danger.

“It opens the door to mob justice and that is not okay.”