Gordhan took the EFF leader to the Equality Court, sitting in the Gauteng High Court in Johannesburg, after Malema took aim at the public enterprises minister outside the state capture commission of inquiry venue in Parktown, in November last year.

During his attack, Malema referred to Gordhan as a "dog of white monopoly capital" and told EFF supporters to be "ready for war" against the minister, News24 previously reported.

Gordhan's counsel advocate Ngwako Maenetje SC put a lens over parts of Malema's statement to demonstrate that it constituted hate speech, News24 reported. 

Mbuyiseni Ndlozi, spokesperson for the EFF, says Pravin Gordhan is treated as being above the law. He says the EFF is worried that the public protector's office is being stripped of its 'bite'.

During his address, Malema also said: "Once you take a decision to go after Pravin, you must be ready. If you are not ready, don't come to the EFF. We've now taken a decision to fight Pravin and therefore you must know Pravin is going to fight dirty…There will be casualties. There can even be a loss of life. If you are not ready for that, stand aside. I'm not scared. I'm ready. I'm prepared to confront them one by one."

Gordhan's counsel submitted that the above statement was a mechanism to create polarisation within society.

"Polarisation and dehumanisation through words are the first stage and precursor to the violence which follows. The 'them' becomes an acceptable target of violence once dehumanised.

"This is the antithesis of the inclusive, non-racist South Africa envisaged in the Constitution," Maenetje argued.

Malema, in his statement, also said: "Pravin is a cabal that belongs to the UDF and destroyed all good African comrades… he's no good this guy. He has destroyed Peter Mokaba, he has destroyed Winnie Mandela; he has destroyed everyone else that stood for the truth against the apartheid regime. His shenanigans are not new."

News24