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ANC councillor refuses to back down


“While she has telephonically agreed to the terms of the settlement, she will have to do so formally in person at the next court date.”

DA Provincial leader Andrew Louw, who stood in for his wife, Mariam Louw, with legal representatives Anton Rouw and Jannie Keyl in the Northern Cape High Court yesterday. Picture: Soraya Crowie

WHILE ANC councillor Shaine Griqua is prepared to pay for the legal costs, he is still refusing to apologise or remove the comments he made on social media regarding Mariam Louw – the wife of DA provincial leader Andrew Louw.

DA councillor Mariam Louw sought to interdict Griqua and Moira McGluwa and order them to “immediately remove all references made against her” on Facebook, social media, web pages, websites or any online platform.

In her application, she in particular wanted the removal of a Facebook post that read: “Mirriam. Lieg Hoeka en like. Die victim. Speel. Ha einde is naby as ‘* raadslid die wiel. Draai sy sal nie die termyn klaar maak nie want Sy is ‘* rassis en sy regeer die mense se lewe Sy is ‘* valse mens Sy het ‘* inferior feeling war ha control Sy is baie demonic Sy was seke ge-abuse toe sy klein was shame” (Mirriam lies and likes to play the victim. She is nearing the end of her term as a councillor. She is a racist and likes to rule other people’s lives. She is false She has an inferiorty complex She is demonic She was probably abused when she was growing up, shame).

Mariam believes that the posting, content and context was “defamatory, vexatious and devoid of truth”, was “not in the public interest”, constituted hate speech and contained “several clear threats”.

The matter was to be heard yesterday but did not proceed in the Northern Cape High Court after a settlement was reached.

Only Griqua was present in court, where Andrew Louw stood proxy for his wife.

Moira McGluwa was unable to make her way into town as the roads leading in and out of Roodepan were blocked due to protest action.

The legal representative for Louw, Jannie Keyl from Lovius Block Attorneys in Bloemfontein, said that they had agreed to settle the matter on condition that Griqua removed all defamatory posts about his client within the next 48 hours.

“Both Griqua and McGluwa should share the legal costs of the application.”

Keyl added that the matter against McGluwa would be postponed to a date to be determined as she was unable to appear in court yesterday.

“While she has telephonically agreed to the terms of the settlement, she will have to do so formally in person at the next court date.”

Griqua said he would focus his attention on the upcoming case that he lodged with the Equality Court.

He alleges that Mariam called him a “man/woman”, “man/mam” where he felt that his rights were violated based on his sexual orientation.

Mariam in turn intends charging Griqua for crimen injuria for uttering “vulgar and/or defamatory words” against her.

Griqua, in court documents, stated that both he and McGluwa were informed on social media by Mariam: “Your threats to my life will come to an end soondefaming my name Shane and Moirasee you in court soon.”

“Upon that post I responded as per Facebook and we engaged on Facebook, where Mariam Louw posted several defaming posts relating to ‘Tsotsi pastors, a friend with an eating disorder, a councillor who raped two young girls,” said Griqua.

He pointed out that he was a pastor to a Roodepan congregation and he did not take kindly to the “ugly picture” that was painted of a “Roodepan pastor’s wife”.

“As a Sol Plaatje councillor I have to become worried as to who is the councillor who raped the two girls because I am a councillor in Sol Plaatje.

“I have first-hand experience of her lies, her fake friendship (we were once ‘friends’).

“I experienced first-hand her racist acts when she and her number one friend developed a racist WhatsApp group in which they instructed us not to attend a few DA caucus meetings because it was held at Hoffe Park in what she referred to as ‘white areas’.”

Griqua added that he had personally suffered under “the high level of abuse of Miriam especially after I handed over evidence to her husband Andrew Louw on March 27, 2018, relating to her bad behaviour, racism and vulgar language.”

Griqua stated that he refused to remove any of his comments that were posted on Facebook.

“Why must I delete my comments whereas the applicant can openly speak utter nonsense about people and not be kept accountable and liable for her actions?

“How can I remove my posts when the applicant violated my basic human rights regarding my sexuality?

“I never introduced myself as a man/woman, man/mam, I never said that I am a homosexual, neither a bisexual or any other sexual being, knowing I am a asexual.”

He pointed out that he felt discriminated against after utterances were made regarding his sexual orientation.

“I am a man born with male sexual organs I never intended to go for a sex organ change. Nor did I ever present myself as a woman.”