Minister of Home Affairs Malusi Gigaba will not resign over the sexual video scandal. His spokesperson Vuyo Mkhize has also neither denied nor admitted to reports that the explicit video making its way on social media was released by an alleged mistress of Gigaba.
The video is causing a stir on social media. Gigaba claims the video is at the centre of blackmail and extortion attempts against him, and was obtained when his phone was hacked when he was still Minister of Finance.
Speaking to the SABC, Mkhize had this to say.
“I have not seen such an exchange so I’m not in a position to comment on that. We are not living in a calvinistic society. Every second guy and his dog does keep this kind of material on their phone for their private viewing. This was in the context of his marriage, a sanctimonious relationship. I think it would be hypocritical for anyone to raise such a question.”
Law experts say Gigaba could opt for either a criminal or civil case against the perpetrators who leaked and shared the video in which he features.
Senior Law Lecturer at the University of Pretoria, Llewelyn Curlewis, says the most obvious recourse for someone in Gigaba’s position would be to lay criminal charges for behaviour amounting to crimen injuria.
“It is an offense if you intentionally and publicly publish any information which has a defamatory result. So from a common wealth perspective that is probably the best result, if he can identify the perpetrators he can take the matter to criminal courts to have them held accountable. On a civil level he can claim for damages but that can take years and there is a defence in the law called the truth and the public interest. In this instance if it was malicious and without public interest then one can obviously argue that this is not a proper defense in law.”
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