Sutherland found that Malema's verbal attack on Gordhan was personal and not directed at Indians, as the minister had argued in part of his application.
“The utterances address the applicant as an individual and not as a member of a class or group of persons as defined in the prohibited grounds,” Sutherland's judgment read.
The EFF's Godrich Gardee said the party welcomed the judgment. “In the absence of political speeches and political rights, and freedom of speech by the opposition, we may as well close shop,” he said.
Gardee said Malema’s speech was not intended to incite violence.
He wouldn't be drawn on questions about what Malema’s reaction would be to the judgment. “[The judgment] is not about our president [Malema], but about Mr Jamnadas [Gordhan]. It is actually about Mr Jamnadas and the country, and the African people, because he is there as the white monopoly capital security guard and we shall be dealing with that phenomenon soon,” Gardee said.