SA will be 'engulfed in widespread violence' because of shutdown, says Steenhuisen in court papers

• The DA has approached the court to interdict the EFF national shutdown planned for Monday.
• The party claims in its court papers the shutdown would lead to chaos and violence in the country. 
• EFF leader Julius Malema has alleged the DA is interdicting the shutdown.

DA leader John Steenhuisen has told the Gauteng High Court in Johannesburg if it does not urgently intervene in the EFF national shutdown planned for Monday, the country will be "engulfed by a widespread, violent, and destructive" shutdown. 

Not only that, but the country would find itself in "a situation of real uncertainty and chaos" in its "democratic functioning", he said. 

On Tuesday, the DA filed an urgent application with the court to interdict the planned national shutdown by the EFF. This is one of the ways the DA is using to fight it. 

Steenhuisen wrote:

The case will be heard on Friday.

Without the urgent intervention of this court, the applicants will be unable to obtain substantial redress in respect of the severe damage and harm that will likely result from the national shutdown and the EFF's continued threats of unlawful conduct." 

The DA wants the court to grant an interdict to restrain the EFF from, among others, shutting down schools, businesses, and public roads.

"The DA also seeks to interdict the national shutdown to the extent that it extends beyond notices duly given under the Regulation of Gatherings Act 205 of 1993 and to restrain and prevent the EFF and all its members, employees, and officials from continuing with or participating in any such national shutdown," read Steenhuisen's affidavit.

EFF leader Julius Malema announced at a press briefing in January the party would embark on a national shutdown because of its dissatisfaction with the state of the country and also its unhappiness with President Cyril Ramaphosa. 

The EFF wants Ramaphosa to resign. 

In his affidavit, Steenhuisen said the DA supported the right to freedom of expression through peaceful demonstrations and marches. 

He, however, said utterances made by EFF leaders, including Malema, and its members were indicative the national shutdown would not be peaceful.

"Despite its responsibility to take all reasonable steps to ensure that the national shutdown is not violent and to guard against unlawful conduct during the national shutdown, the EFF has threatened to force the closure of all schools, retail stores, businesses and public roads across South Africa and to take all means necessary or possible to do so. 

"It has also issued threatening communications about the national shutdown, including serious threats or violence," read the affidavit.

In the affidavit, Steenhuisen said, "there is no right to protest violently, shut down the functioning of society, or coerce others to participate in a protest".

"The national shutdown threatens to violate the constitutional rights of persons across South Africa to be free from all forms of violence and to freely practice their trades, occupations, and professions.

"It also threatens to inhibit persons from being able to attend school, access crucial health and social services, and freely participate in public activities," he added. 

READ | DA drafts intimidation affidavit for businesses threatened by EFF shutdown

In the affidavit, Steenhuisen also referred to comments Malema made at press briefings and when addressing members of the EFF at party events about the national shutdown, where he alleged the EFF leader incited violence.

He added similar comments, allegedly inciting violence, have also been made by provincial leaders of the party, saying the EFF's national shutdown had all the hallmarks of the July 2021 unrest. 

Steenhuisen said the shutdown also had the potential to "damage our struggling economy".

He added the party had "unlawfully" not given adequate notice to local municipalities where its gatherings would occur. 

"The EFF has also failed to take any steps, let alone reasonable steps, to mitigate the reasonably foreseeable risks associated with the national shutdown.

"Such a widespread campaign to block roads and trains and prevent persons from trading and using the national infrastructure does not enjoy unanimous support. 

"It is foreseeable that the shutdown will lead to confrontations between those supporting a shutdown and persons who wish to go about their business and that these confrontations will lead to violence, damage to property, and injury. No steps have been taken to avoid or minimise these consequences.

"Conversely, the EFF unlawfully seek to force the shutdown of all schools, retail stores, businesses, public roads and critical transport infrastructure across South Africa in calling for, and organising, the national shutdown," read the affidavit. 

Responding to the application on Wednesday at a press briefing, where the EFF was outlining the logistics of the shutdown, Malema said the DA was defending Ramaphosa.

"The DA has decided to defend Ramaphosa and is masquerading as protecting business and economy of South Africa, which is not true. 

"Because the DA in its papers and you are journalists you read, you should have read those papers by now; they are not interdicting the protest; they said they are interdicting violence and intimidation, which has never happened. How do you interdict non-existent thing," said Malema.

He added not even the DA or anyone could stop the EFF.

"The white man is a self-appointed supervisor of a black skin. Now that the white man is not involved, now that the white man is not approving, there is going to be violence and that's what John did.

"That's why there were three white people at the press conference to come and tell us white people don't approve of this."

The DA has given the EFF three days to file its answering affidavit.

- Additional reporting by Malaika Ditabo