the party’s legal commission (reportedly said) said Ntuli .... be charged. “Taking all of the above into consideration, it is recommended that no further action be taken against Ntuli. The documentary evidence presented would not be sufficient to ensure a conviction of misconduct against her... It is also submitted that a finding of not guilty against her would cause more harm than good to the party at this time,”

And that is the crux of the problem and the reason for the charges against Ntuli and Zille.  The focus on whether guilty or not guilty outcomes would cause harm.  The legal commission should instead focus on the facts and their legal implications and legal principles, including freedom of speech.