The lawyer for ANC Youth League leader Julius Malema applied for his hate speech complaint to be dismissed in the Equality Court in Johannesburg on Monday.

Malema's lawyer Tumi Mokwena said the complaint was based solely on one comment that Malema had made and not in the context of the entire statement on the matter.

The Sonke Gender Justice Network complained about Malema's comment: "Those who had a nice time will wait until the sun comes out, request breakfast and ask for taxi money. In the morning, that lady requested breakfast and taxi money."

Malema was referring to a rape charge against President Jacob Zuma, on which he was acquitted in 2006 before he became president.

Mokwena said it was irrelevant whether the woman had asked for taxi fare or whether she was offered taxi fare.

He had earlier explained that Malema's comments were based on those made by the judge who acquitted Zuma in 2006, but the reports of Malema's comment did not include preceding remarks that he supported women's rights.

He said if anybody had a problem with what Malema said they should rather have a problem with the judgement itself, which contained details on the woman's behaviour which led the judge to find in Zuma's favour.

"There is no way in which the courts can come to the conclusion as to what those words meant without understanding the full context which the address at the Cape Peninsula Technikon had," said Mokwena.

He re-iterated his rejection of evidence by Lisa Vetten of the Tshwaranang Legal Advocacy Centre to End Violence Against Women, on the grounds that she was not qualified in psychology.

The Network's lawyer Chris Todd rejected the application for dismissal.

He said that as a public figure Malema should have been sensitive to what he said.

He said Vetten's testimony was contained in numerous court judgments and is accepted by many courts.

The hearing continues.

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