Shivambu hate speech case postponed

The hate speech case against suspended ANC Youth League spokesman Floyd Shivambu has been postponed to next year in the Johannesburg Equality Court.

Magistrate Oriel Vele on Wednesday ordered that both Shivambu and the journalist who complained about him make their cellphones and sim cards available for the case. The matter was postponed to April 24 next year.

The case was brought by former Independent Newspapers journalist Carien du Plessis.

She alleged that in an SMS exchange between herself and Shivambu in May 2010, he wrote: "You must learn to respect people. I don't comment on YCL (presumably a reference to the Young Communist League) issues and please stop being stupid".

He further wrote: "I wouldn't want to earn respect from white bitches... so dream on."

Du Plessis is suing Shivambu for R100,000 in damages.

The two had not been in contact since the incident, and neither of them were in court on Wednesday.

Vele ordered that relevant documents and particulars crucial to the case be made available by no later than January 24 next year. He said both parties were expected to give oral evidence and call witnesses if necessary.

Earlier, the court heard that a forensic expert may be called in to testify.

"We should make provision for experts who may be required... and a forensic expert... to view the cellphone and check the sim card," said Richard Moultrie, counsel for Du Plessis.

"If the respondent [Shivambu] admits he did send the sms then the complainant [Du Plessis] does not need to bring a forensic expert."

He proposed that evidence should not only be detailed in affidavits, but that Shivambu and Du Plessis be cross-examined on their evidence.