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Sanef, EFF to face off in court

Julius Malema, the head of South Africa's Economic Freedom Fighters party (EFF), gestures during an interview.
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The Equality Court in Pretoria will continue to hear the matter between the South African Editors’ Forum (Sanef) and the Economic Freedom Fighters (EFF) on Tuesday.

Sanef and a number of individual journalists have taken the EFF to court to argue that the party has enabled an environment in which intimidation and harassment of journalists is encouraged.

At a protest outside the Commission of Inquiry into State Capture in November, EFF leader Juluis Malema called on his followers to deal decisively with certain reporters whom he accused of defending white monopoly capital.

The EFF on Monday argued that the litigation by Sanef should be struck off the roll.

The party says that Sanef has no powers to initiate these proceedings.

Counsel for the EFF advocate Tembeka Ngcukaitobi said the forum’s constitution clearly states that this was not the correct way.

Ngcukaitobi says, “If Sanef wanted to litigate – its constitution made it clear what it should do – it should call a meeting of the forum and at that meeting… the mandate to litigate will be taken.”

“What Sanef cannot do is to ask MANCOM to take a decision that it is not empowered to take under its own constitution,”

“Because Sanef which brings the primary application has no loco standing at all, the matter in so far as Sanef is concerned should be dismissed,” adds Ngcukaitobi.

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