Court grants Guptas interdict

Judge rejects EFF’s view that no threat was intended

THE Economic Freedom Fighters’ legal team has failed to convince the Pretoria High Court that threats against the Gupta family were just political campaigning and not an incitement to violence.

The Gupta brothers and their businesses – Oakbay Investments‚ The New Age newspaper‚ ANN7 and other subsidiary companies – rushed to court to apply for an order against the war talk of acts of violence against the companies’ shareholders‚ staff and property.

During yesterday’s proceedings, EFF advocate Ishmael Semenya said there was no evidence of threats except for the utterance made at a press conference, which was part of election campaigning.

The talk of driving the Guptas out of the country was fair comment in a political landscape, and a valid campaign speech. Semenya said there was no proof that these threats of violence would actually be carried out.

But Advocate Nic Maritz, acting for the Guptas, pointed to a live news report showing EFF members shouting “Shoot Zuma, shoot the Guptas” outside the Constitutional Court yesterday.

“There is a reasonable apprehension that it will happen . . . the incitement is ongoing,” he said.

The family approached the court on an urgent basis following Malema’s war talk last week that journalists working for the Guptas’ ANN7 and The New Age would not be welcome to cover party events.

At the same event, Malema called for the Guptas to be driven out of South Africa.

Oakbay Investments chief executive Nazeem Howa and 12 others – including Ajay‚ Atul and Rajesh Kumar Gupta – stated in their court papers that some of their business executives had begun receiving threatening phone calls on Monday.

One had received these calls in the early hours of the morning‚ between 2.30am and 3.50am. Howa said in his affidavit it was obvious from all the statements that the EFF refused to withdraw any of the comments and threats of imminent violence.

“They rely on unfounded and slanderous allegations in order to incite violence,” he said. “They convinced their supporters that the applicants are fraudsters and criminals without one single shred of evidence.

“We are left with no choice but to approach this court for the relief sought‚ namely an interdict to protect our assets‚ business‚ employees and their families.”

North Gauteng High Court judge Johan Louw granted the order barring Malema and his party from inciting violence against the wealthy, politically connected Gupta family and their businesses.

The family has recently come under fire for its close relationship with President Jacob Zuma, with claims that the relationship influences business dealings the family has with the state.

Speaking after the hearing, an unrepentant Malema said the order would not stop him or his party from criticising the family.

“We must respect the courts. But the courts can’t stop us from saying that we don’t love the Guptas.

We don’t want their curry‚” Malema said. Atol Gupta said the family employed 4 500 South Africans and reinvested all its business profits in the country.

They had been in the country since 2003 and some of the family’s children had been born and raised in South Africa.

New Age newspaper editor-in-chief Moegsien Williams said: “Our employees have the right to go to work and do their jobs without the threat of violence.

“We welcome today’s ruling and hope that the EFF will cease its threats and intimidation of our staff immediately.”