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South African ventriloquist overturns gagging order | South African ventriloquist overturns gagging order |
(about 16 hours later) | |
A South African ventriloquist has overturned a gagging order banning him from criticising an Afrikaner singer. | A South African ventriloquist has overturned a gagging order banning him from criticising an Afrikaner singer. |
Conrad Koch and his dummy appeared in court together to fight the ban. | Conrad Koch and his dummy appeared in court together to fight the ban. |
The order was imposed after Mr Koch accused singer Steve Hofmeyr of racism for tweeting: "Sorry to offend but in my books Blacks were the architects of Apartheid. Go figure." | The order was imposed after Mr Koch accused singer Steve Hofmeyr of racism for tweeting: "Sorry to offend but in my books Blacks were the architects of Apartheid. Go figure." |
Magistrate Naren Sewnarain said the musician had "exposed himself to criticism, satire and ridicule". | Magistrate Naren Sewnarain said the musician had "exposed himself to criticism, satire and ridicule". |
"The court is not satisfied that he should be accorded the protection," the magistrate said. | "The court is not satisfied that he should be accorded the protection," the magistrate said. |
'Robust response' | 'Robust response' |
At the height of their row that played out on Twitter last month, Mr Koch criticised businesses sponsoring the singer's concerts. | At the height of their row that played out on Twitter last month, Mr Koch criticised businesses sponsoring the singer's concerts. |
The BBC's Pumza Fihlani in Johannesburg says Mr Hofmeyr is not a stranger to controversy and is frequently accused of racism - suggestions the singer denies. | The BBC's Pumza Fihlani in Johannesburg says Mr Hofmeyr is not a stranger to controversy and is frequently accused of racism - suggestions the singer denies. |
Many Afrikaners regard him as as a hero, often tweeting about injustices including the murders of white farmers, and how they have been marginalised since the end of white-minority rule in 1994, our correspondent says. | Many Afrikaners regard him as as a hero, often tweeting about injustices including the murders of white farmers, and how they have been marginalised since the end of white-minority rule in 1994, our correspondent says. |
In the Randburg magistrate's court, Mr Koch's lawyers argued that as a public figure airing strong views, Mr Hofmeyr could expect a "robust response". | In the Randburg magistrate's court, Mr Koch's lawyers argued that as a public figure airing strong views, Mr Hofmeyr could expect a "robust response". |
The temporary gagging order had prevented Mr Koch from threatening, harassing, or making defamatory statements about Mr Hofmeyr. | The temporary gagging order had prevented Mr Koch from threatening, harassing, or making defamatory statements about Mr Hofmeyr. |
He also could not mention him on social media. | He also could not mention him on social media. |
Mr Koch has a large following in South Africa and uses his mixed-race puppet, called Chester Missing, to tackle thorny issues such as corruption, racism and social injustice, our reporter says. | Mr Koch has a large following in South Africa and uses his mixed-race puppet, called Chester Missing, to tackle thorny issues such as corruption, racism and social injustice, our reporter says. |
Mr Hofmeyr did not attend Thursday's hearing, but was represented by pro-Afrikaans activist Dan Roodt, who argued the singer's tweet was not offensive. | Mr Hofmeyr did not attend Thursday's hearing, but was represented by pro-Afrikaans activist Dan Roodt, who argued the singer's tweet was not offensive. |
"Hofmeyr contends that everyone who participated in the pre-1994 South Africa... is jointly responsible for apartheid, regardless of colour." | "Hofmeyr contends that everyone who participated in the pre-1994 South Africa... is jointly responsible for apartheid, regardless of colour." |
After the ruling, Chester Missing tweeted: "AMAANDLAAAAA!!!!!!!!!! Viva South Africa, viva!!!!!!" | After the ruling, Chester Missing tweeted: "AMAANDLAAAAA!!!!!!!!!! Viva South Africa, viva!!!!!!" |
Amandla means "power" and was a rallying call among anti-apartheid activists. | Amandla means "power" and was a rallying call among anti-apartheid activists. |
Mr Hofmeyr tweeted: "We accept the court's judgement. Thank you", and later added in Afrikaans: "The end of freedom of expression. Perhaps the media are next." | |
The singer was ordered to pay Mr Koch's legal costs and other costs arising from the case. | The singer was ordered to pay Mr Koch's legal costs and other costs arising from the case. |