The Johannesburg Equality Court is to allow oral evidence by witnesses and experts in a hate speech case against suspended ANC Youth League spokesman Floyd Shivambu.
Magistrate Oriel Vele said on Wednesday former Independent Newspaper journalist Carien du Plessis and Shivambu may also be called in to testify if necessary.
Du Plessis brought the case against Shivambu after he allegedly called a her a “white b****”.
She alleged that in an SMS exchange between herself and Shivambu in May 2010, he wrote: “You must learn to respect people. I don't comment on YCL issues and please stop being stupid...I wouldn't want to earn respect from white b******... so dream on.”
Du Plessis is suing for R100 000 in damages.
None of the two was in court on Wednesday.
Vele ordered that relevant documents and particulars crucial to the case be handed in by no later than January 24 next year.
The complainant and respondent were ordered to make their cellphones and SIM cards available within ten days of discovery process (the handing over of relevant documentation).
Richard Moultrie, counsel for Du Plessis, said he did not know what the defence's case was and that related affidavits, which were meant to be supplied last week, were still outstanding.
Moultrie submitted the court should make emergency provisions should there be ongoing violations by Shivambu.
“If there are consistent violations then make provisions...I don't know if I can call you at midnight....or if not then let it be that an urgent application be allowed,” Moultrie told the court.
Said Vele: “I don't see it as being urgent. Since the incident happened...there has been no contact between the parties...If there is a need, we will deal with it when it arises.”
Lucky Maunatlala, counsel for Shivambu, said Du Plessis had a duty to prove the case she brought to court.
Both parties would meet on 14 February for possible admissions and again on February 28 for answers to questions. - Sapa