The Eastern Cape High Court has dismissed with costs a defamation application brought by Eastern Cape Premier Oscar Mabuyane against EFF leader Julius Malema.
The case arose from comments Malema made outside the magistrate’s court in KuGompo City in April, where he accused Mabuyane of having “stolen” a master’s degree from the University of Fort Hare.
Following the remarks, Mabuyane’s attorneys sent a letter to Malema on 17 April demanding that he retract the statement and issue a public apology by 21 April.
After Malema failed to apologise, Mabuyane approached the High Court on an urgent basis on 23 April.
In his application, the premier sought an order declaring Malema’s statements false, defamatory and unlawful. He also wanted the court to prohibit Malema from repeating allegations that he stole or fraudulently obtained his master’s degree.
Delivering judgment on Tuesday, Judge Jannie Eksteen said Mabuyane had failed to meet the legal requirements for an interdict.
Eksteen said an applicant seeking an interdict must prove that they have a clear right, that harm has been suffered or is reasonably anticipated, and that no other satisfactory remedy exists.
The judge said that while every person has the right to protection against unlawful attacks on their dignity and reputation, that protection does not extend to lawful criticism where the defence of truth and public interest has been established.
He added that this principle is particularly important in the political arena and concluded that Mabuyane’s application for an interdict could therefore not succeed.
