. There are sufficient grounds to charge Malema
. South African Advocate and MP writes to AG’s Chambers
. Botswana urged to arrest Malema as soon as he enters the country
Advocate Anton Alberts of the Freedom Front Plus in South Africa has written to the Attorney General’s Chambers in Botswana to say that there are sufficient legal grounds for the Botswana government to investigate and charge Julius Malema and the ANC Youth League for the crime of sedition. This follows comments recently made by the organisation that they want to set up a Botswana Command Team to force the Botswana government out of office.
In a letter addressed to the Attorney General’s Chambers, advocate Alberts says Malema’s comment against the Botswana government is bad for trade between South Africa and Botswana. Due to the destabilising effect on economic relations between Botswana and South Africa, the FF Plus has written to the office of the Attorney General to consider prosecuting Malema and other youth league members.
Advocate Alberts says “alternative charges of crimen injuria and the undermining of Section 73 of the Botswana Penal code could also be brought against them”.
The letter reads in part: “We wish to bring to your urgent attention the possible seditious remarks and intention by the ANC Youth League and its leader, Mr. Julius Malema, in relation to the current Botswana government and President, for further investigation and prosecution.
“We are a political party with representation in the parliament of South Africa and our leader, Dr.
Pieter Mulder, is also the Deputy-Minister of Agriculture, Forestry and Fisheries. Our interest in bringing this matter to your attention is borne from the fact that the remarks made by Mr. Julius Malema and the ANC Youth League are seriously detrimental to economic relations between South Africa and Botswana. We implore you to consider the possibility to investigate and prosecute the perpetrators in accordance with Section 50 of the Botswana Penal Code. In our analysis of Botswana law, we believe that grounds for prosecution exist.”
The FF Plus says it is a good thing that the ANC has for once repudiated the ANC Youth League in public. The ANC Youth League has, however, according to Beeld of 3 August 2011, rejected the rebuke.
“This shows that the ANC Youth League intends to continue with their plans to overthrow the government of Botswana. In terms of section 50 of the Botswana Penal Code, sedition is defined as acts which are aimed at inciting hatred, disrespect and unhappiness with a specific section of the population against the President of Botswana or Botswana’s legal administration.
“It therefore appears that Malema and the Youth League’s comments that a regime change is necessary, that the current Botswana government is merely a puppet government of the USA and a foot stool of imperialism, as well as their intention to influence opposition politics in that country in order to bring about a regime change, could possibly qualify as sedition,” Adv. Anton Alberts, FF Plus Parliamentary spokesperson on Economic Affairs, said.
“There should be enough grounds to arrest Malema and any other member of the ANC Youth League’s executive as soon as they enter Botswana. If the FF Plus, with this action, only succeeds with Malema and the ANC Youth League leadership not being allowed to put foot in Botswana, this action will already have been┬ásuccessful.”
The FF Plus views the sudden reprimand of Malema and the Youth League by the ANC as indicative of double standards.
“The ANC is prepared to, together with the Youth League and Malema, defend the singing of a song which incites people to murder Afrikaners (farmers), but now suddenly wants to intervene now that a SADC country is in the firing line. The fact that Malema and the ANC Youth League were not “officially” reprimanded shows that the ANC, or elements within it, is still protecting Malema and the Youth League. That is why the FF Plus is continuing with its campaign to stop Malema,” Alberts said.