Court orders mayor to remove social media posts on foreign nationals
The mayor must remove all related social media statements, as well as publish a written public retraction and apology.
The Pietermaritzburg High Court has ordered Estcourt Mayor Mduduzi Myeza to remove all social media posts relating to foreign nationals from his platforms within 48 hours. This follows legal action brought against him over statements made regarding foreign nationals in Estcourt.
The matter was brought to court by Kopanang Africa Against Xenophobia and foreign nationals living in Estcourt, aiming to interdict the mayor’s 21-day deadline that was issued on May 5.
Mayor’s 21-day deadline
The matter stems from comments made by Myeza, including the issuing of a 21-day deadline for undocumented foreign nationals to leave town, as well as statements linking illegal immigrants to criminal activities.
Yesterday (May 26) on his Facebook account, the mayor posted that a group of foreign nationals, including Kopanang Africa Against Xenophobia, had taken legal action against him and the municipality over the 21-day deadline.
Mayor to give his side of the story in August
According to the court order, the mayor has been directed to appear before the court again on August 20, where he will have to ‘show cause’ as to why his social media statements do not violate various sections of the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA).
Interim order
As part of the interim order, the court directed the mayor to:
- Remove all related statements from his social media platforms within 48 hours;
- Publish a written public retraction and apology within seven days, which must first be approved by the court;
- Pay the legal costs of the application, together with the local municipality;
- Allow complainants leave to seek further relief by supplementing the order.
Municipality’s lawyer explains the order
Speaking to the SABC, the municipality’s lawyer, Xolani Zuma, explained that the ruling is an interim order and not a final judgment.
He said the matter will return to court on August 20, where the mayor will be required to submit his answering affidavit, setting out his defence in the case.
“The mayor needs to answer regarding the comments calling on illegal immigrants to leave the town within 21 days and remarks linking undocumented foreign nationals to crime. The court will have to determine whether those statements amount to hate speech, unfair discrimination or xenophobia,” said Zuma.
The outcome of the August hearing is expected to determine whether a final order will be granted against the mayor.
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