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Zuma finally apologises for 'enemy agent' tweet

Publish date: 10 August 2020
Issue Number: 885
Diary: IBA Legalbrief Africa
Category: South Africa

With the threat of a contempt of court application hanging over his head, former President Jacob Zuma has finally apologised to ANC veteran Derek Hanekom and deleted a tweet calling him a ‘known enemy agent’, notes Legalbrief. His action followed Friday’s Constitutional Court ruling dismissing with costs his application to appeal a KZN High Court (Durban) ruling that found he had defamed Hanekom, and a warning from Hanekom’s lawyers that a contempt of court application would ensue if the tweet hadn’t been deleted and an apology made by 5pm yesterday. The Constitutional Court application was dismissed on the grounds that there was no reasonable prospect of success. Using the exact wording required by the High Court ruling for his apology, Zuma tweeted: ‘On 25 July 2019 I published a tweet which alleges that Derek Hanekom is a known enemy agent. I unconditionally withdraw this allegation and apologise for making it as it is false.’ Zuma’s attorney, Eric Mabuza, confirmed the apology was authentic. He said he hoped this satisfied both Hanekom and the court. The tweet, which was deleted on Sunday afternoon, read: ‘I'm not surprised by @Julius_S_Malema revelations regarding @Derek_Hanekom. It is part of the plan I mentioned at the Zondo Commission. @Derek_Hanekom is a known enemy agent.’ A News24 report notes Zuma was seemingly reacting to EFF leader Julius Malema's claims that Hanekom had conspired with the party to oust the former statesman via a motion of no confidence in the National Assembly.

The apology was not forthcoming within 24 hours of the Constitutional Court ruling, prompting Hanekom's lawyer, Dario Milo, to send a letter to Mabuza, warning him they were in contempt of court. ‘Your client has willfully disregarded the High Court order to date, almost two days after the Constitutional Court order was received’. Milo said they would take further legal action, including launching urgent contempt of court proceedings, should they not comply by 17:00 on Monday. When News24 approached Mabuza on Sunday morning, he reportedly said: ‘Our client will comply with the court order … he had many court orders which went against him and not once has he disrespected the court.’ He added it was a long weekend and they were based in Johannesburg, while Zuma was in KZN. ‘It's not a matter of life and death. He's never disregarded a court order before. There is no reason why he would do anything different this time,’ said Mabuza.

Full Fin24 report

What remains is the question of damages, notes Legalbrief. Hanekom has claimed R500 000 in damages from Zuma – a process that, if it goes ahead, will almost certainly see both men testifying, according to a BusinessLIVE report. Hanekom was the former Tourism Minister in Zuma's administration. He said at the time Zuma’s accusation had caused him ‘immense harm and damage’. On Sunday, notes TimesLIVE, Hanekom responded to the apology with a tweet of his own. ‘Apology accepted. As far as I am concerned, the matter is now closed, apart from the determination of costs and damages, and we can move on,’ he tweeted.

Full Business Day report (subscription needed)

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