The EFF has accused Bheki Mtolo, secretary of the ANC in KwaZulu-Natal, of making defamatory statements against the party about its funders during a press conference last Thursday.
The party, through its lawyers, wants Mtolo to retract the “defamatory” statements and apologise, otherwise it will sue him and the ANC. Ian Levitt Attorneys said Mtolo has until 5pm on Thursday to do so.
Addressing journalists last Thursday, Mtolo claimed the EFF was working with the DA and that the two parties had the same international funders who want control them and want them to remove the ANC.
Mtolo’s comments came after the EFF councillor’s disruption of the eThekwini council meeting last Tuesday where they assaulted security guards, behaviour he equated to “serious disregard for the law” and “disrespect of voters of eThekwini municipality”.
The statements the party finds defamatory include:
* “If you have noticed the EFF ... while it project itself as a left party [sic], but it doesn’t attack DA ... DA is not their enemy.”
* “They and the DA, they are on the underground ... they are in agreement ... because their funders are one ... funders of the EFF and funders of the DA are one. They are all funded by one people.”
* “It’s just that EFF is clever enough, they don’t go through right channels, it’s funding under the ground, since the ... Public Funding Act [sic], EFF does not declare any huge fund.”
* “The same funders who fund DA they fund EFF ... [they say] don’t put it in our account ... they don’t declare ... they are controlled by same people.”
* “Their intention, these people, is to remove a democratic government out of power.”
* “You know who was speaking, it’s not Floyd, it’s their funders ... it’s the mandate of the funders ... you must do everything to fight the ANC out of power ... the issue of Palestine, for example, when it started the EFF was none (sic).
* “Their funders tell them ... you are funded by us and Israel, but pretend as if you are not funded [by us] ... you must project yourself as a representative of the poor so that you loot voters. Voters who are unaware, they will vote for you, and then once they vote for you, then you take those votes you deposit it in the DA, they work for the DA.”
We hereby demand that you retract the statements made against our client. Your retraction is to take the form of a public statement in which you inter alia apologise to our client for the allegations made.
— Ian Levitt Attorneys, representing the EFF
The lawyers said the “defamatory” statements are meant to impugn the integrity and good name of the EFF by suggesting, alternatively implying, that it does not genuinely represent the interests of its members and constituents but secretly and connivingly represents other interests which Mtolo has identified as the “other”, the DA, Israel funders and Israel.
They also took an issue with Mtolo saying the EFF works “underground” with the DA ostensibly to further the political ideologies and interests of the DA, its members, its constituents and the “Israel funders” to the detriment of its members and constituents’ interests.
Mtolo also raised the ire of the EFF by suggesting that it does not exist for its own ends but to further the narrow interests of entities and personalities that are at ideological odds with the EFF’s political standing.
He further suggested that the EFF has a misleading and conniving posture in relation to the Israel-Palestine conflict, where it publicly supports the Palestinian cause, which it says is at odds with the EFF’s true position and existence, being to protect the interests of the “Israel funders” and by extension Israel’s interests in the conflict.
The party said the defamatory statements were presented as statements and/or conclusions of fact and no evidence was presented to support the claims.
“We restate that your defamatory statements and/or conduct are vexatious, misplaced, spurious and untrue. This is particularly so given the calculated timing at which they are made ... leading up to the general elections.”
The lawyers argued that making these “defamatory” statements was done deliberately to extract political leverage in a ferociously contested province, that Mtolo’s desire to extract political leverage was related to the EFF’s inroads in attracting the electorate in that province; and the defamatory statements were deliberate, false and in bad faith.
“In light of the above, we hereby demand that you retract the statements made against our client. Your retraction is to take the form of a public statement in which you inter alia apologise to our client for the allegations made,” they demanded.
They want Mtolo to retract his statements on account of them being untrue and defamatory and make a public statement on all his social media accounts, including but not limited to Facebook and Twitter (X) and issue a press statement in his name to all media houses with which he has conducted the media statements.
The EFF is not seeking damages, at this stage, but warned Mtolo that it reserves the right to pursue them should Mtolo not act as demanded.
“At this stage, we wish to advise you that during the media briefing in which you made your defamatory statements, you were wearing the regalia of your political party.
“To the extent that you conducted the interview and expressed all views in your ex officio capacity in respect of the ANC, we expressly reserve our client’s rights to sue you and the ANC on a joint and several basis”.
They warned him that should litigation become necessary, they will lay appropriate complaints with the Independent Electoral Commission for his conduct, which they claimed was a breach of the Electoral Act and the electoral code and/or will bring proceedings against both him and the ANC before the electoral court.
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