Zuma appeals Hanekom tweet defamation ruling

Former president Jacob Zuma yesterday filed an application for leave to appeal KwaZulu-Natal High Court Judge Dhaya Pillay’s decision his “enemy agent” tweet directed at former tourism minister Derek Hanekom was defamatory and false.

Political analyst Sanusha Naidu said politicians were irresponsible when it came to using social media.

“The findings of the court are less likely to have a personal impact on the former president. His credibility will be left unquestioned and social media platforms will continue being used carelessly because leaders use them irresponsibly,” said Naidu.

Naidu believed politicians tended to have a “so what” attitude towards court rulings, which is one of the reasons they appear in court continuously.

Naidu said the belittling of court rulings by politicians has led to society not trusting the judiciary system.

Zuma’s comment on Twitter on July 25 – “I’m not surprised by @Julius_S_Malema revelations regarding @Derek_Hanekom. It is part of the plan I mentioned at Zondo Commission @Derek_ Hanekom is a known enemy agent” – was found to be defamatory and false by Pillay.

The court found the tweet was unlawful and ordered Zuma to remove it and issue an apology within 24 hours.

The findings could lead to the former president paying damages, the amount of which will be determined at a future hearing, where oral evidence will be delivered.

“Although the dispute is framed as a claim for defamation, a larger conflict casts a long shadow beyond the legal and into the political,” said Pillay in her judgment.

“The ANC, through its highest decision-making structure, its NEC, resolved to recall Mr Zuma as president. Mr Hanekom actively supported that decision. Notwithstanding their common political home, both litigants find themselves on opposite sides of each other, not only in this application but also within the ANC.

“Mr Zuma had a choice. He could have clarified his tweet to say, as he now does in his answering affidavit, that he was not suggesting that Mr Hanekom is an apartheid spy. Mr Zuma chose not to respond to the demand. It follows that Mr Zuma wanted his tweet to remain on his Twitter account.”

Pillay issued an interdict preventing Zuma from again stating or implying that Hanekom is an enemy agent or spy.

Zuma’s tweet was in response to a claim made by Economic Freedom Fighters leader Julius Malema that Hanekom had lobbied them to help oust the former president.

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