“After careful consideration and consultation with his legal team, President Zuma has taken a decision to withdraw his claim against the respondents, and pay a contribution to their costs,” said the Presidency.
In December 2008, Zuma instituted a legal claim against Avusa Media, publishers of The Sunday Times, the newspaper’s editor at the time Mondli Makhanya, and its editorial cartoonist “Zapiro”.
The damages sought – R5 million – were in compensation for defamation and impaired personal dignity.
This followed the publication in September that year of a “Zapiro” cartoon in the Sunday Times, titled “The Rape of Lady Justice”.
“This representation was hurtful and defamatory, as the respondents themselves have subsequently admitted in papers submitted to the South Gauteng High Court. This candid admission, whilst sought to be justified on other grounds, at least reflects an appreciation of the hurt and harm that such depiction brought about.
“Moreover… the cartoon sought to play to discredited and legally disproved accusations made against [Zuma] in 2006,” said the Presidency.
Three major considerations, it said, informed the President’s decision to withdraw the claim.
“Whereas the President believes that in an open and democratic society, a fine and sensitive balance needs to be maintained between the exercise of civil rights such as freedom of speech, and the dignity and privacy of others, that balance should be struck in favour of constitutional freedoms.
“The President therefore would like to avoid setting a legal precedent that may have the effect of limiting the public exercise of free speech, with the unforeseen consequences this may have on our media, public commentators and citizens.
“Matters relating to dignity and the public standing of individuals cannot be mediated exclusively through the courts. Essentially what lies at the heart of the Sunday Times’ publication of the cartoon was a set of deeply ingrained prejudices regarding not only the President, but which extend to views about African males and sexual mores.
“While the courts exist in part to protect citizens against racial and cultural prejudice and bigotry, those scourges will not be eradicated from our body politic through litigation alone.
Defeating racist attitudes requires removing the racial imprint on the way South African society is organised and structured, as well as continuous political action and open dialogue between South Africans across racial and cultural divides.
“The President wishes to encourage this route to solving such problems,” read the statement.
