Zapiro: We're confident of our case with Zuma

25 OCT 2012 07:50 - VERASHNI PILLAY President Jacob Zuma has avoided acting on claims against Zapiro ahead of Mangaung but the cartoonist says he will remain involved with the battle. OUR COVERAGE Zapiro mirrors our society, warts and all Zapiro cartoon not 'serious' by any imaginative stretch MORE COVERAGE Zuma reduces claim against Zapiro for Lady Justice cartoon Learn respect, Zapiro With Mangaung around the corner, President Zuma's legal team seem to be doing all they can to avoid a damaging legal showdown with cartoonist Jonathan Shapiro over his Lady Justice rape cartoon. Zuma has entirely dropped his R1-million claim that the cartoon harmed his dignity, and reduced the claim of defamation from R4-million to R100 000, with an unconditional apology, media lawyer Dario Milo told the Mail & Guardian on Wednesday. The case will now go ahead on Monday. The dramatic changes to the claim come two years after various delays on the part of Zuma's lawyers. "It was due to start on Thursday and that date has been in place since February. But they've used the same tactic that they've used in other cases, where they sue and then they make all kinds of adjustments and changes – it was clear that they didn't want to go to court ahead of Mangaung," Shapiro told the M&G. "But we dug our heels in and said we had to get into court and we're confident of our case." Zuma first brought a claim against Shapiro for the cartoon in December 2010 – about two years after its publication in the Sunday Times on September 7 2008. There just hasn't seemed to be a good time for the president to take on Shapiro, or Zapiro, as his pen name goes. In 2009 it was election season, and a court appearance to explain how the cartoon had harmed his dignity and reputation would have caused a media circus akin to his 2006 rape trial, where the damaging statements he made in the dock about HIV/Aids and women continue to haunt him. With Zuma being pitted against his deputy Kgalema Motlanthe ahead of the ANC's elective conference in December, he now faces a similarly sensitive period where he would want to avoid a court appearance and the negative attention it might attract. In the cartoon, Zuma, who was acquitted of the rape charge in 2006, was shown loosening his trousers, while since-expelled ANC Youth League president Julius Malema, Congress of South African Trade Unions general secretary Zwelinzima Vavi, South African Communist Party general secretary Blade Nzimande and ANC secretary general Gwede Mantashe held Lady Justice down, saying: "Go for it, boss." It was in reference to corruption charges being dropped against the controversial leader. Shapiro said he thought it was hilarious and ironic that Malema was now invoking the iconic "showerhead" motif that has dogged Zuma in his cartoons. While Malema was a fierce Zuma supporter at the time of the cartoon he has since led the charge against him in a series of damaging public appearances. "The morning when I opened the paper and saw a huge photo of Malema making the shower using his hands – my jaw dropped and I laughed out loud," said Shapiro. "And it's very ironic – he, of course, is one of the people in this drawing." ANC members in the anti-Zuma camp have begun using the showerhead sign during gatherings as a signal of their lack of support for Zuma. Party members are otherwise constrained from verbalising their preferences. "Some of the people in the drawing have split quite radically apart since then," said Shapiro. "Malema of course, but even Vavi who is someone I respect in some ways. I put him in there reluctantly, but he had to be there as he had said some heavy things in support of the dropping of corruption charges against Zuma. Since then he has criticised Zuma." But while Vavi was "very, very upset" at his inclusion in the cartoon, Shapiro said they have since had some good interactions. "We've spoken a number of times." Zuma was recently the subject of another fracas involving freedom of speech and the use of his image. The Spear, painted by Cape Town-based artist Brett Murray, depicted the president with his genitals exposed caused outrage, with ruling party supporters marching to have the painting removed. Milo said Monday's case was important. "It tests the balance between satire and freedom of speech ... It's quite a ground-breaking and unprecedented case." In June 2010 the South African Human Rights Commission (SAHRC) found that the cartoon did not constitute hate speech, unfair discrimination or a violation of any human right enshrined in the Constitution, the M&G then reported. Dismissing the complaint by the Young Communist League and its national secretary Buti Manamela, the commission found that the cartoon expressed a level of free, open, robust and even unrestrained criticism of politicians by a journalist and had stimulated valuable political debate. "Although the SAHRC finds the cartoon and the words used in relation thereto probably offensive and distasteful, same falls short of and does not constitute hate speech, unfair discrimination under Promotion of Equality and the Prevention of Unfair Discrimination Act or a violation of any fundamental human right contained in the Constitution," the commission's finding reads. Zapiro has previously pointed out that he believed Zuma and the others depicted in the cartoon had threatened the justice system. He said Malema had threatened to kill for Zuma if the case relating to his corruption charges went ahead. Vavi, depicted in the cartoon, had echoed Malema's pledge and Mantashe said there would be anarchy if the case continued. Judges of the Constitutional Court were also called "counter-revolutionary". Shapiro said at the time he felt that the "very real intimidation of the judiciary and of individual judges" justified his use of the metaphor. Two years later, Shapiro said he was keen to test these issues in a court of law. "It already has passed muster at the human rights commission. I was very confident, made my submissions, and they duly declared that it was in the realm of free speech and could not be called hate speech. But of course a court is a different situation but I think it's important at a time when freedom of expression is under threat that one can make very strong and sometimes harsh statements in cartoons. These should be protected by the Constitution." MAIL & GUARDIAN COMMENTS BY SONNY Zapiro the whole of South Africa supports YOU. That's more we can say for J Zuma. A man's folly rises above his dignity when it comes to public figures. Your pen makes you rise to the occasion, time after time! Good Luck, God speed.

ANC wants violent strikers reined in

ANC wants violent strikers reined in
August 24 2011 at 09:00am



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Jabulani Sikhakhane

THE ANC has condemned violence during strikes and called on its alliance partner, Cosatu, to rein in its affiliates.

The ruling party’s national executive committee (NEC) had expressed serious concern about violence during strikes, ANC secretary-general Gwede Mantashe said yesterday.

Mantashe was briefing journalists on the outcome of the NEC’s special four-day marathon meeting, which started last Friday and ended on Monday evening.

Violence, including the trashing of streets, assaulting of people and the looting of hawkers’ goods, undermined the rule of law and the objectives of strike actions, the ANC said in a statement that echoed Labour Minister Mildred Oliphant’s words during the chemical, metal and engineering workers’ strike last month.

The ruling party also called on Cosatu “to give effective leadership to its affiliates regarding strike action”.

Mantashe described as “criminality and not striking” the looting of goods from hawkers, whom he described as the poorest of the poor.

In condemning violence during strikes, the ANC joins business and the official opposition, who are now pushing for changes to labour laws to make it possible for unions to be sued for damages arising out of violence during strikes.

Business Unity South Africa, the umbrella business group, has said that applying for interdicts in the Labour Courts has yet to show results.


The DA’s proposed amendment will be debated by the parliamentary committee on Private Members’ Legislative Proposals and Special Petitions next Wednesday.

The Star

Comments by Sonny

The ANC created "Violence in SA' when it suited them.

Now they are running scared of the monsters they created!!

Similar to Mugabe in Zimbabwe!

Piet Byleveld - LILY WHITE OF OFF PINK.....

SUNDAY, JUNE 10, 2012 Piet Byleveld - As clean as white Linen....... Newspaper to appeal to Byleveld ruling Sun, 10 Jun 2012 13:38:47 +0200 The Sunday Times will appeal against a ruling by deputy press ombudsman Johan Retief in favour of retired former police detective Piet Byleveld. ||| The Sunday Times will appeal against a ruling by deputy press ombudsman Johan Retief in favour of retired former police detective Piet Byleveld, it said in a report on Sunday. Editor Ray Hartley said: “We welcome the ombudsman's finding that all our facts were accurate and that we carried Byleveld's comment. “We will seek clarity on the one finding against us by lodging an appeal. We are not sure what we are being asked to correct.” On Thursday, Retief ruled that the Sunday Times must apologise to Byleveld for insinuating that he might have accepted a gift from someone who was under investigation, the deputy press ombudsman Johan Retief ruled on Thursday. “The Sunday Times is directed to apologise to Byleveld for unfairly insinuating in the headline and the intro that he may have been aware of the fact that he had accepted a gift from someone who was under investigation for being part of the notorious Rolex Gang,” said Retief. “Thereby needlessly harming his reputation and integrity.... The intro may have been accurate, but it was not fair because it created the impression that Byleveld knew or ought to have known that Vardas was under investigation - and that he nevertheless accepted the gift.” Retief said that even though his denial was published later in the story, the insinuation 'needlessly damaged his character and reputation'. Byleveld and retired jeweller Tony Vardas complained about a front page story in the Sunday Times on February 12, stating Byleveld accepted a wedding band from a man linked to the Rolex Gang. Among the list of complaints from Byleveld were that the contents of the story and the headline were slanted, and the story falsely suggested the wedding band was obtained through criminal activities. Vardas complained that the story falsely linked him to the Rolex Gang. The reporter did not ask for his comment or had not tried to verify the information in an affidavit, and the story falsely says that he gave Byleveld a wedding ring. Retief remarked that if the journalist had reported up front that Byleveld did not know about Vardas' possible link to the Rolex Gang, there probably would not have been a story. “The intro was therefore carefully construed to allow for the story to follow. This is fundamentally unfair - to create a false impression, only to 'rectify' it later,” he said. “In the meantime, though, somebody's reputation and integrity were needlessly harmed.” Byleveld said he was unaware of an affidavit made by a person linked to the Rolex Gang, but the newspaper denied this report and said Byleveld was aware of Vardas' links to the gang, said Retief. “I do not think, however, that there is any insinuation that Byleveld could be 'linked' to the gang just because he accepted a gift from a possible suspect,” he said. Retief found that the Sunday Times article was a fair and reasonable reflection of the information it had in its possession regarding Vardas' complaint about being linked to the Rolex Gang. “I also take into account that nowhere does the story state his 'link' to the gang as fact,” said Retief. “The intro says that he was 'under investigation' (which is apparently true, based on the information obtained from four policemen) and consistently mentions his 'alleged' involvement with the gang.” In February, the Sunday Times reported that Byleveld thanked Vardas for the wedding band in a magazine article. “He said that is what he wanted to give us, for a wedding present,” Byleveld reportedly said. At the time, Hawks spokesman McIntosh Polela said Vardas and two others were subjects of an “ongoing investigation”. Vardas was “a person of interest” in the Rolex Gang case, other police members told the newspaper. The gang followed and robbed wealthy people - including Discovery chief executive Adrian Gore, and Human Settlements Minister Tokyo Sexwale's wife Judy Sexwale - of their jewellery. They were most active in Johannesburg's northern suburbs. Byleveld retired in 2010 after an illustrious police career, during which he arrested some of the country's most notorious criminals. He said he knew Vardas from a case he investigated “many moons ago”, in which Vardas was a witness. Byleveld denied that Vardas was a friend and said Vardas had organised the ring through a jeweller, who measured his then fiancee's finger. Vardas did not supply her engagement ring. Retief dismissed Vardas' complaint entirely. The Sunday Times was directed to publish one of two texts on its front page. - Sapa National Jun 9 2012 6:14AM Sunday Times must apologise to Byleveld The Sunday Times must apologise to former police detective Piet Byleveld for insinuating that he might have accepted a gift from someone who was under investigation, the deputy press ombudsman Johan Retief ruled on Thursday. "The Sunday Times is directed to apologise to Byleveld for unfairly insinuating in the headline and the intro that he may have been aware of the fact that he had accepted a gift from someone who was under investigation for being part of the notorious Rolex Gang," said Retief. "Thereby needlessly harming his reputation and integrity.... The intro may have been accurate, but it was not fair because it created the impression that Byleveld knew or ought to have known that Vardas was under investigation -- and that he nevertheless accepted the gift." Retief said that even though his denial was published later in the story, the insinuation 'needlessly damaged his character and reputation'. Byleveld and retired jeweller Tony Vardas complained about a front page story in the Sunday Times on February 12, stating Byleveld accepted a wedding band from a man linked to the Rolex Gang. Among the list of complaints from Byleveld were that the contents of the story and the headline were slanted, and the story falsely suggested the wedding band was obtained through criminal activities. Vardas complained that the story falsely linked him to the Rolex Gang. The reporter did not ask for his comment or had not tried to verify the information in an affidavit, and the story falsely says that he gave Byleveld a wedding ring. Retief remarked that if the journalist had reported up front that Byleveld did not know about Vardas' possible link to the Rolex Gang, there probably would not have been a story. "The intro was therefore carefully construed to allow for the story to follow. This is fundamentally unfair -- to create a false impression, only to 'rectify' it later," he said. "In the meantime, though, somebody's reputation and integrity were needlessly harmed." Byleveld said he was unaware of an affidavit made by a person linked to the Rolex Gang, but the newspaper denied this report and said Byleveld was aware of Vardas' links to the gang, said Retief. "I do not think, however, that there is any insinuation that Byleveld could be 'linked' to the gang just because he accepted a gift from a possible suspect," he said. Retief found that the Sunday Times article was a fair and reasonable reflection of the information it had in its possession regarding Vardas' complaint about being linked to the Rolex Gang. "I also take into account that nowhere does the story state his 'link' to the gang as fact," said Retief. "The intro says that he was 'under investigation' (which is apparently true, based on the information obtained from four policemen) and consistently mentions his 'alleged' involvement with the gang." In February, the Sunday Times reported that Byleveld thanked Vardas for the wedding band in a magazine article. "He said that is what he wanted to give us, for a wedding present," Byleveld reportedly said. At the time, Hawks spokesman McIntosh Polela said Vardas and two others were subjects of an "ongoing investigation". Vardas was "a person of interest" in the Rolex gang case, other police members told the newspaper. The gang followed and robbed wealthy people -- including Discovery chief executive Adrian Gore, and Human Settlements Minister Tokyo Sexwale's wife Judy Sexwale -- of their jewellery. They were most active in Johannesburg's northern suburbs. Byleveld retired in 2010 after an illustrious police career, during which he arrested some of the country's most notorious criminals. He said he knew Vardas from a case he investigated "many moons ago", in which Vardas was a witness. Byleveld denied that Vardas was a friend and said Vardas had organised the ring through a jeweller, who measured his then fiancee's finger. Vardas did not supply her engagement ring. Retief dismissed Vardas' complaint entirely. The Sunday Times was directed to publish one of two texts on its front page. -Sapa Cop’s wedding gift linked to Rolex gang February 12 2012 at 09:57am By SAPA INLSA Piet Byleveld. Photo: Tracey Adams A retired detective accepted a wedding band from a businessman thought to be linked to an organised crime syndicate known as the Rolex gang, according to a newspaper report on Sunday. Piet Byleveld thanked Tony Vardas for the wedding band in a magazine article, the Sunday Times reported. “He said that is what he wanted to give us for a wedding present,” Byleveld reportedly said. Hawks spokesman McIntosh Polela said Vardas and two others were subjects of an “ongoing investigation”. Vardas was “a person of interest” in the Rolex gang case, other police members told the newspaper. The gang followed and robbed wealthy people Ä including Discovery chief executive Adrian Gore, and Human Settlements Minister Tokyo Sexwale's wife Judy Sexwale Ä of their jewellery. They were most active in Johannesburg's northern suburbs. Byleveld retired in 2010 after an illustrious police career, during which he arrested some of the country's most notorious criminals. He said he knew Vardas from a case he investigated “many moons ago”, in which Vardas was a witness. “I can assure you if 1/8Vardas was linked to any criminal activity 3/8 and if I knew, I would have acted on it,” Byleveld said. He denied that Vardas was a friend and said Vardas had organised the ring through a jeweller, who measured his then fiancee's finger. Vardas did not supply her engagement ring. “I bought the (engagement) ring and I have the documents to prove it,” Byleveld said. - Sapa IOL News Comments by Sonny Let the Sunday Times Appeal reveal the facts of the matter. Piet Byleveld should be forced to produce the "Facts!" Is that an empty glass in front of Piet Byleveld? The glass is "WANTING!" “I can assure you if 1/8Vardas was linked to any criminal activity 3/8 and if I knew, I would have acted on it, SAPA Comments by Sonny Quote Piet Byleveld left the SAP to join the CCB in the mid 1980, but, due to rejection by Ferdinand Burger he went Strawberry farming in the Waterberg with his father and brother for 4 (Four) years before returning to Brixton and the CCB. That would have given him 34 years service......