South African Court Rules On SMS Row Between Main Parties | Southern Africa

In South Africa political parties have opted to fight some of their political battles in court.

What was meant to be a clever voting ploy by the opposition Democratic Alliance (DA) urging people not to vote for the ruling ANC ended up costing both parties millions in court appearances.

I think Zuma unduly benefited

On Monday South Africa's highest court, the Constitutional Court,

upheld an appeal by the DA against an Electoral Court ruling that the party should not send text messages claiming President Jacob Zuma stole money.

The DA text message sent to voters ahead of the May 2014 election and sent to around 1.5 million voters in Gauteng province read: "The Nkandla report shows how Zuma stole your money to build his R246m home. Vote DA on 7 May to beat corruption. Together for change".

A few days after the SMS was initially sent, the ANC demanded its retraction and when the DA did not comply, the ruling party took the matter to the High Court in Johannesburg.

The High Court found the SMS amounted to "fair comment" and the ANC's application was dismissed.

The SMS followed findings by public protector Thuli Madonsela that Zuma and his family unduly benefited from some of the money spent in security upgrades to his KwaZulu-Natal residence.

The ANC successfully appealed to the Electoral Court, which found the SMS did not satisfy the definitions of "fair comment" and presented itself as a statement of fact.

The Constitutional Court has now set aside this ruling.

Mmusi Miamane of the DA welcomed the ruling while the ANC said the ruling was not a "victory for the opposition".

Maimane, who was in court, reiterated the party's call for Zuma to be held accountable for spending on upgrades to his Nkandla homestead.

"I think Zuma unduly benefited," he was quoted as saying.

The ANC's Zizi Kodwa said the judgement in fact vindicated the ruling party in its view that the DA had falsely presented its opinion on the public protector's Nkandla report as fact.

"It is regrettable that in spite of the ruling, which supports our view, the DA continues to play politics, hailing this as a victory, when the Constitutional Court has been clear that the DA presented their opinions as fact on such an important matter," he said.