The hate speech case between public enterprise minister Pravin Gordhan and EFF leaders Julius Malema and Floyd Shivambu has been moved to the South Gauteng high court. Magistrate Nishani Beharie granted the application to move the matter to the high court on Monday as the EFF wants to challenge the constitutionality of the section 10 of the Equality Act which deals with hate speech.
The matter was heard in the Equality Court in Johannesburg. “The magistrate's court lacks the jurisdiction to determine the constitutionality of the legislation. It is the view of this court that it would be elevating from the above substance if it were to refuse the application purely on a minute procedural ground when the are larger issues to be determined,” said Beharie in her ruling.
The EFF initiated the application for the matter to be moved to the high court on behalf of Malema and Shivambu. This was meant to allow the EFF leaders to challenge section 10 of the equality act that deals with hate speech. The application was not opposed by the other parties.