Eastern Cape Premier and ANC provincial chairperson Oscar Mabuyane has been granted leave to appeal a high court judgment dismissing his defamation case against EFF leader Julius Malema. The high court in KuGompo City granted Mabuyane leave to appeal its June judgment, which dismissed with costs his application against Malema. Mabuyane's case stems from remarks Malema made outside the KuGompo City Magistrate’s Court in April.
The dispute began when Malema alleged that Mabuyane had “stolen” a master’s degree from the University of Fort Hare. Mabuyane demanded that Malema withdraw the statement and apologize by April 21, but no apology was forthcoming. Mabuyane then launched urgent court proceedings on April 23, seeking an order declaring Malema’s allegations false, defamatory, and unlawful. He also sought an interdict preventing Malema from making further statements alleging that Mabuyane had stolen or fraudulently obtained a master’s degree.
The high court dismissed Mabuyane's application in June, with Judge Jannie Eksteen finding that Mabuyane had not met the requirements for the relief sought. Eksteen stated that individuals have a clear right to be protected against unlawful attacks on their dignity and reputation. However, he also noted that once the defense of truth and public interest is established, there is no right to be protected against lawful criticism, particularly in politics.
Mabuyane's spokesperson, Sonwabo Mbananga, welcomed the opportunity for the matter to be considered by the Supreme Court of Appeal. Mbananga stated that Mabuyane will consult further with his legal team on the next steps in the appeal process. Mabuyane's attorney, Ngqiqo Sakhele, described the granting of leave to appeal as a significant procedural development in the matter.
Sakhele noted that the decision means Mabuyane will have the opportunity to place his case before the Supreme Court of Appeal. The merits of the appeal have not yet been determined, and the issues will be reconsidered by the SCA. Sakhele welcomed the decision and stated that the legal team will proceed with the appeal in accordance with the applicable rules and timeframes.
Mabuyane's case against Malema centers on the EFF leader's allegations regarding Mabuyane's master's degree. The case has been ongoing since April, with Mabuyane seeking to protect his dignity and reputation. The Supreme Court of Appeal will now consider Mabuyane's case and determine whether Malema's allegations were defamatory and unlawful.
Attempts to obtain comment from Malema and EFF spokesperson Sinawo Tambo were unsuccessful. Mabuyane's legal team will present his case before the Supreme Court of Appeal, focusing on the alleged defamation and its impact on Mabuyane's reputation. The appeal process is expected to proceed in accordance with the applicable rules and timeframes.
Key points
- The Supreme Court of Appeal will consider Mabuyane's defamation case against Malema.
- Mabuyane's case stems from Malema's allegations that he stole a master’s degree from the University of Fort Hare.
- The high court initially dismissed Mabuyane's application, but granted him leave to appeal to the Supreme Court of Appeal.
