EFF leader Julius Malema has intensified his legal fight against social commentator Ngizwe Mchunu, launching an urgent contempt of court application in the Gauteng High Court in Pretoria after accusing him of ignoring a recent court order.
The application, filed on Monday, asks the court to find Mchunu in contempt and impose a six-month prison sentence without the option of a fine.
According to a statement released by the EFF and Malema on social media, the party believes Mchunu has continued making defamatory remarks despite being prohibited from doing so by a court order granted on June 5.
In court documents, the EFF argues that Mchunu deliberately disregarded the ruling and continued attacking Malema publicly.
“The First Respondent intentionally and unlawfully continued making defamatory statements concerning the Applicant after the granting of the Court Order and intentionally and unlawfully refused to comply with and respect the Court Order.”
The latest court action signals a further escalation in the ongoing dispute between the two men, which has already resulted in multiple legal proceedings.
The matter has been scheduled to be heard on June 17 at 10am in the Gauteng Division of the High Court in Pretoria.
In his notice of motion, Malema requested that the court hear the application on an urgent basis and condone any deviation from the normal court procedures in terms of Uniform Rule 6(12).
Mchunu has been cited as the first respondent, while the Minister of Police and the National Commissioner of the South African Police Service have also been named as respondents in the matter.
The court papers instructed Mchunu to indicate by June 8 at 2pm whether he intended opposing the application. He was further directed to submit his answering affidavit by June 10 at 5pm.
Should it become necessary, Malema will be permitted to file a replying affidavit by noon on June 11 before the matter is argued in court.
The application comes only days after Mchunu withdrew statements he had previously made about Malema following a court ruling against him.
Earlier this month, Mchunu publicly apologised to both the court and Malema after being found guilty of contempt of court and was ordered to retract the remarks at the centre of the dispute.
Despite that apology and retraction, the EFF maintains that Mchunu has persisted in making comments that breach the terms of the court order.
The party contends that his alleged conduct demonstrates a deliberate disregard for the authority of the judiciary and warrants a harsher penalty.
If the court rules in Malema’s favour, Mchunu could face six months behind bars, significantly raising the stakes in a legal battle that has attracted national attention.
The outcome of next week’s hearing is expected to determine whether the court finds that Mchunu wilfully violated its order and whether imprisonment is an appropriate sanction.
With both sides refusing to back down, the dispute appears set for another dramatic chapter when the matter returns to court on June 17.
