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  1. The second applicant (Van Wyk) opens his case on 26 February 2024.

  2. Dr Karien Van den Bergh is called as an expert witness to help the court decide whether the impugned statements of Malema meet the standard set out in the Qwelane case.

  3. The standard is: Will an ordinary reasonable listener interpret the statement as a call to commit violence and to incite hatred.

  4. Her testimony in court will be concluded on Monday and cross-examination and re-examination will be completed on Tuesday.

  5. On Wednesday morning, the respondents indicate that they will argue that the person to whom Malema referred in his judgment is not Mr Van Wyk.

  6. Attorney Westley testifies and the respondents are reprimanded by the court. They did not dispute the evidence that Malema did not refer to Mr Van Wyk in their plea.

  7. The Respondents acknowledge that Mr. Van Wyk was referred to.

  8. The Applicant closes their case.

  9. The Respondent calls their first witness and plays a video of the Brackenfell incident in court. 10. Its relevance is questioned by the Applicant's lawyer.

  10. The Respondent accuses the court of bias, but indicates that they will not apply for the judge to recuse himself.

  11. The witness also makes unsubstantiated allegations that the applicant and other people present at the Brackenfell incident called him the "k-word" and told them to go back to Khayelitsha, etc.

  12. Towards the end of day three, the respondents call Prof. Friedman as expert witness.

  13. The court adjourned early due to technical problems.

  14. Day 4 - Thursday, Prof. Friedman testifies and the applicant begins cross-examination.

  15. Day 5 - Monday, after cross-examination by the second applicant (Van Wyk), the first applicant (MRK) gets the opportunity to ask Prof. Friedman on cross-examination.

  16. After cross-examination and re-examination, the respondents close their case.

  17. The case is adjourned sine dei (without a date) for the submission of heads of argument.

  18. The judge indicates that he would like to obtain the heads before the end of March 2024.

  19. We have now received the quote for the transcription of the record and the service provider has been instructed to proceed. 21. The transcript takes between 10 and 14 working days.

  20. The legal team is finalizing the heads of argument and will update the record once they receive it.

  21. Once the arguments are ready, the judge will set a date for final arguments.

  22. After final arguments, he must deliver judgment.

  23. He will most likely reserve judgment. He has a period of 90 days within which he must render a verdict.



The Bittereinders were asked to get involved in a Court Case against Malema. ​


We all remember Dante van Wyk van Brackenfell. For the last 4 years he has been busy with cases against him, but finally he now has the opportunity to turn the wheel against Malema. ​


During Malema's visit to the Cape last year, he made a lot of statements and one of them was against Dante. These judgments only put even more pressure on Dante and his family and he decided to fight back and open a case against Malema. When we were approached to provide assistance it was an easy "YES!" for us. We have been asked to start a fundraiser to pay a linguist's expenses which include accommodation, transport, a plane ticket, security and food for the 2 weeks. ​ Now, we are not an organization that simply goes the court route, but we believe it is important to assist a man like Dante and strengthen him and his legal team in every way in their fight.


We as the Bittereinders therefore start the Dante van Wyk fund, and we ask each of you to please contribute. ​ Die Bittereinders is a registered NPO and we can therefore issue Article 18A certificates (tax benefit) to everyone who makes a donation. We will release a video on Thursday that fully explains the case and the associated fundraising. ​


Bitter Enders Greetings


Francois van der Merwe


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