EFF MP Busisiwe Mkhwebane, represented by Gardee Godrich Attorneys, has issued a letter of demand to the Daily Maverick over a controversial headline.
The letter, dated December 26, accuses the Daily Maverick and journalist Marianne Thamm of publishing a demeaning and injurious headline on Christmas Eve.
The headline in question reads: PEOPLE OF THE YEAR 2023 – Kant of the Year: Busisiwe Mkhwebane comes back to rock Parliament with her EFF studs
In the letter that Sunday World has seen, Mkhwebane’s legal team asserts that the word “kant” is a veiled reference to an offensive slang term aimed at impugning the former public protector’s dignity and integrity.
“Our client asserts that the referral to her as a ‘kant’ is a disingenuous inuendo referring to her as a ‘cunt’,” reads the letter.
“The word ‘kant’ is a known slang for the word ‘cunt’, and if properly written in the online platform, it could have been censured by the online media platform and to circumvent that you used the word “kant”.
“The word ‘cunt’ is frequently used to derogate, humiliate, insult and impair the dignity and integrity of a person.
“The media house and its journalist maliciously referred to her as such unprovoked, and as such the media house is vicariously liable jointly and severally with the journalist in its employ.”
Violation of constitutional rights
Mkhwebane’s attorneys claim that this act was defamatory and violated her constitutional rights to dignity and privacy.
They argue that the use of such language is particularly insensitive amid the ongoing struggles against gender-based violence in the country.
“The headline was too low, unwarranted and better less intrusive or demeaning word or words could have been used than crude insulting cruelty.”
The letter highlights the widespread reach of the article, noting its unrestricted access to readers and its substantial circulation on social media platforms.
It highlights that the posts about the article received over 500 reposts and quotes, liked by over 500 account holders, and were viewed more than 500 000 times.
Furthermore, the legal team condemns the timing of the article’s publication, claiming it was strategically released on Christmas Eve to inflict maximum emotional pain.
They emphasise the severe and irreversible damage to Mkhwebane’s dignity and the potential impact on her family, including her children, and her standing as a public representative of the EFF.
“Our client is a married family woman with children who are at risk of being bullied and ridiculed as a result of your malicious headline,” write the lawyers.
As a remedy, Mkhwebane demands a clear and unconditional retraction of the headline and a public apology, with the wording to be consulted with her legal team.
R5-million payment demand
Additionally, she demands a payment of R5-million to a non-profit organisation fighting against gender-based violence, as compensation for the harm caused.
The Daily Maverick and Thamm face a 24-hour ultimatum to respond to these demands, failing which legal proceedings, including claims for punitive costs, may be initiated.
Sunday World understands Thamm and Daily Maverick have not responded to the letter.
When contacted for a comment, Thamm told Sunday World that she is on holiday with her children and is unable to engage in any conversation.
“I am on holiday with my kids, I am in my home … no I can’t [talk],” she commented.
Additionally, the media regulator SA National Editors Forum could not be immediately reached for comment.
- The story will be updated once further comments have been received
