Jacob Zuma
By Thabo Mosia
The Gauteng High Court in Johannesburg has dismissed former President Jacob Zuma and his party, the Umkhonto Wesizwe (MK) Party’s legal challenge against the South African Broadcasting Corporation (SABC) over its use of the term “Government of National Unity” (GNU). The court found that the application was legally baseless and ordered Zuma and the MK Party to pay costs.
Court Rejects Zuma’s Challenge Against SABC
The case, heard on 27 January 2025 and delivered on 31 January 2025, was brought by Jacob Gedleyihlekisa Zuma and the MK Party as applicants, with the respondents being the South African Broadcasting Corporation (SABC), the Chairperson of the Board of the SABC, and the Group CEO of the SABC.
Zuma and the MK Party sought to prevent the SABC from referring to the governing coalition as a “Government of National Unity”, arguing that the terminology was misleading and violated constitutional rights by misrepresenting the political landscape.
However, in its ruling, the High Court dismissed the claim, emphasizing that the judiciary has no place in political debates regarding party branding and terminology.
Key Findings of the Judgment
Judge Fisher J, delivering the judgment, made several critical observations:
• The challenge was not a matter implicating section 16 of the Constitution (freedom of expression).
• The term GNU does not legally require all major parties to be included in government—it simply reflects a coalition formed among willing participants.
• The court cannot dictate political terminology or decide how political alliances should be named.
• The claim was mischievous and sought to pull the judiciary into a political dispute that was beyond its jurisdiction.
Excerpts from the Judgment
Judge Fisher stated:
“It is, after all, universal practice for political parties, by means of the names they give themselves, to seek to encapsulate compelling ideals in a manner that is accessible. But is this legally objectionable? Even if the term were definitive on the basis that it conveys the inclusion of all major parties, can the use of the term be found to be objectionable and thus unlawful? I think not.”
“It is not the remit of the court to enter into political debate as to the names that players in the political field adopt to brand themselves.”
“The Constitution does not accord to persons the right to hear only information which is considered objectively accurate.”Court Orders Zuma and MK Party to Pay Costs
The court further dismissed the application with costs, including the costs of two counsels employed by the respondents.
Judge Fisher J ruled that:
“The challenge is so obviously without foundation that it is difficult to accept that it has been brought to further any real interest either of the applicants or more generally.”As a result, the Biowatch principle, which allows for leniency on costs in cases involving constitutional rights, was not applied, meaning Zuma and the MK Party are fully liable for the legal fees.
Duduzile Zuma-Sambudla Faces Charges of Incitement in 2021 Unrest Case
In a separate legal matter, former President Zuma’s daughter, Duduzile Zuma-Sambudla, has been charged with incitement related to the July 2021 riots following her father’s arrest.
She faces:
• One charge of incitement to commit terrorism.
• Two counts of incitement to commit public violence.
She was released on warning after appearing at the Durban Magistrate’s Court and is scheduled to reappear at the Durban High Court on 20 March 2025.
State’s Case Against Zuma-Sambudla
The State alleges that Zuma-Sambudla’s social media activity in July 2021 encouraged public violence, contributing to the widespread unrest that resulted in over 350 deaths, billions in damages, and significant economic disruption.
Her arrest brings the total number of people charged in connection with the riots to 69, with one successful conviction so far.
Jacob Zuma’s Response: ‘The Charges Are Malicious’
Speaking outside the Durban Magistrate’s Court, Jacob Zuma addressed MK Party supporters, denouncing the charges against his daughter as politically motivated.
“Why would the state charge someone for expressing her views on social media? It’s clear that the charges are malicious,” Zuma told the crowd.MK Party supporters gathered in large numbers outside the court, chanting in support of Zuma-Sambudla and protesting against what they claim is a targeted persecution of Zuma’s allies.
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